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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Richard v YB ***WON***


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Cheers guys.....i think. That is one long statement. I'm gonna go make a coffee first then start reading it.

 

Sarah, is your picture right?? It says "3 3 3, only half as evil"....should it not be "12 12 12 Twice as evil"

:D;)

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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I collected a special delivery today which I should have got yesterday. It sounds like the standard letter they send. '...the costs of defending the claim will quickly become disproportionate to the sum claimed...' etc etc. No cheque enclosed but I'm assuming that they would have sent that after, if I accepted.

 

They have offered me the claimed charges of £3388 and £220 court costs. This is short of about £800 interest.

 

I will send a letter of refusal tomorrow by special delivery. The end doesn't look too far away now.

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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hopefully you'll get yours soon. Fingers crossed. Then you can have yuor shopping spree.

Just watching the Rich list on ITV. What life is like on the other side.

 

Night night

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Letter of rejection sent in post and also faxed.

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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I've got to be honest, hats off to the bank. They have really pulled their finger out in the last couple of weeks. My good lady at home (who does work but according to all my posts she always at home) has opened a letter of full and final settlement for the full amount + interest + costs. Just need to send letter of acceptance, wait for cheque and then send note of discontinuance.

 

At last. I am a happy happy man....at least I will be when the money is in the bank.

 

:D

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Cheers babe. Lets keep our fingers crossed that yours comes through soon. I'm going to keep loggin on to see how your doing.

 

And yes....the drinks are on you;)

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Does it include interest to date of settlement or date of putting in the claim Richard? They usually try and miss out the interest from submitting the claim as it's their opinion the judge wouldn't award it. They've never actually gone as far as going to court to find out though as they do pay it if you hold out.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

 

I got muddled up with the interest thing and just claimed for interest up to date of claim and not settlement. I didn't really know what I was doing with the interest up to date of settlement and in my rejection letter last week I wrote the amount I wanted (with interest up to date of claim).

 

I don't want to push my luck by changing things now. It couldn't have come at a better time aswell. Me and my girlfriend have been talking of getting married. I can actually afford a decent ring for her now and make a nice proposal with a bit of money saved away for the wedding.

 

Caro, you have been an inspiration through this claim and whilst I know its not over until the money is in the bank, I want to thank you for your guidance along with the other moderators. Once money is in the bank I will make my donation.

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Oh that's so nice of you. Thanks Richard and congratulations.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Cheers Lillboy but I'm not celebrating until I can smell the money.

 

I have got my bundle together but haven't yet sent it off. It doesn't have to be with court until the 07/05/07 so I have another week until I need to send it in. Thought I would wait and see if anything happened before I wasted time and ink making the courts and YBs copies.

 

I have sent letter of acceptance by post and fax today to YB. I have told them that I accept the offer as full and final settlement of THIS claim. I infored them that I have signed a notice of discontinuance and will hand it in at court once funds have cleared in my account but until then I will proceed with my case.

 

I have also thanked kirstie for the 'time she has invested in dealing with my case'.

 

I'll let you know when the cheque arrives.

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Cheers Lillboy but I'm not celebrating until I can smell the money.

 

 

Or she says yes!:D

 

I have also thanked kirstie for the 'time she has invested in dealing with my case'.

 

 

Strange what love does to the brain!

 

Best of luck and congratulations!

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Just thought I'd let you know that I received the cheque and put it in the bank yesterday. I will send the notice of discontinuance once the money clears. Donation to be made. Here's my story:

 

Request for statements - 22/11/06

Statements recieved - 18/12/06

Prelim Letter sent for £3388 + int of £ 797.27 (£4185.27) - 29/12/06

Standard 'refer to terms and conditions' reply - 04/01/07

LBA Sent - 05/01/07

Standard 'Re-opening complaint' letter reply - 09/01/07

Submitted N1 at Clerkenwell and Shoreditch County Court - 16/01/07

YB Acknowledged service - 25/01/07

Letter from McKirdy 'court clai takes precedence over complaint - 13/02/07

Defence received (standard)- 14/02/07

Allocation Questionnaire recieved - 21/02/07

Allocation Questionnaire sent with new proposed directions (deadline 12/03/07) - 07/03/07

YB's AQ received (standard) - 13/03/07

Court date set for 21/05/07 - 11/04/07

First offer of £3388 + court £220 - 18/04/07

Letter of rejection stating I want interest too sent - 20/04/07

Second offer for full claim and court costs £4405.27 - 25/04/07

Letter of acceptance sent - 25/04/07

Cheque for full amount received and put in bank - 02/05/07

Will send letter of dicontinuance on 07/05/07 when cheque clears.

 

Weekend of 04/05/07 - GETTING P****D

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Weekend of 04/05/07 - GETTING P****D

 

Maybe we should add that stage to the step by step instructions.:D

 

Congratulations and don't forget the survey. If you can manage it, I'm sure a donation would be appreciated.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Congratulations! I'm made up for you and bitterly jealous lol. Make sure you have a drink or two for me please :D Infact have a dozen hehe.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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Donation and survey completed.

 

Thanks once again to Caro, Zootscoot, Zebby, Thailand and last but definately not least my good sparring buddy Sarah.

Your all a top bunch.

Thats my Gwyneth Paltrow moment out of the way.

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Is that you completely finished Richard or will we still see you around the place from time to time?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'll definately be loitering if thats ok. I wanna see how Sarah (sajabu) gets on and also see your second innings too.

Logging on is habit now.

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Glad to hear it. If you waiting for my second innings you'll definitely be around for a long time to come.;):p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Money in the bank today. All sorted. Notice of discontinuance sent.

 

Hoorah. Took just over 4 months from asking for money to receiving it. Don't know what all the panic was about:razz:

 

Please can I be a success story now?? Please please. :D :D :D

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Can there be any doubt that you are a success? Not in my book. We keep people in the main forum for a few days to spot your success and congratulate, but I'm happy to put you in the successes forum now. Well done.

 

I have got a note to update your entry in the Litigation Section, but that is currently having some work done on it so I can't update in there for a few days yet, but it will be done.:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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