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    • If you are buying a used car – you need to read this survival guide.
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    • 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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Which summary cause form


Riccardo
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Hi Riccardo the form to use is 1B. I used the head office address and the bank as the defender.

Hope this helps

Good luck..........

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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Hi mate,

 

You need to complete form 1b and then return it back to your local sheriff clerks office. Once the clerk has processed, they will raise a hearing date and return the summons documents to you. You then need to contact your local Sheriff Officer (yell.com) in order for the summons to be served onto the defender (your bank). This costs around £14.50. Once the summons has been served, you have to contact the court on the 'return date' stated on your copy, in order to find out whether or not the bank intends to defend or not.

 

Dont panic if they come back and saying they intend to defend. They simply employ a local solicitor to act on their behalf and the whole process really isnt as daunting as you might first think.

 

I recently successfully received full payment from the Nationwide...it tool 2 hearings at Perth Sheriff Court....but we got there!!

 

I actually had my second hearing with the Clydesdale bank last Friday there.

 

Keep calm and stay focussed.....the judge reminded me that the claims court is set up to protect Joe Public who doesnt have any legal training....and that all judges will explain any detail to the purser (you) if not understood.

 

It's very relaxed and you will get a feel for how it works after sitting in the court room as other cases are being heard. You may even have someone ahead of you appearing for the same kind of claim. I did....on both occassions!

 

Good luck....let me know if you need any help.

 

Cheers,

 

Dominic

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  • 1 month later...

Thanks for the calming influence and support Kaiser.:) ..I for one am also nervous about going to court when & if it happens.

Prelim Sent -27/02/07....

Response Letter rec'd -13/03/07....

LBA Sent -15/03/07...

Court claim due-30/03/07

Offer received(10p/cent short)-declined for full amount-28/03/07

Success FULL 6yr amount offered-29/03/07:D

........not yet received because they want me to accept conditions!!:(

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Me too, thanks for making us feel calmer about it all, I think just the mention of 'Court' to the average person gets your pulse racing, fear of the unknown and all thet. I just don't want to have to say anything when I'm there, they don't ask you to speak do they? I get so tongue tied :p

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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my local court too kaiser. they are so helpfull really put you at ease. if you are nervous i would reccomend going along to court and sitting in on a couple of hearings it will put your mind at rest.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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