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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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volks23 v Barclays ***WON***


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Thanks Saintly1. Also apologies MickF for the delay in getting back to you.

 

volks23

Progress

 

Barclays/Woolwich Claim 1

Pre Lim letter sent 15/12/06

LBA sent 29/12/06

N1 filed 25/1/07

Acknoledgement received 15/2/07

Defence filed 26/2/07

Amendment submitted on 5/3/07

AQ submitted on 15/3/07

Hearing Date 13/07/07 friday

Offer received on 07/07/07

Settled in Full on 09/07/07

 

Barclays/Woolwich Claim 2 (Pre 6 Years)

Pre Lim Letter sent13/07/07

Response Received

LBA sent 24/07/07

Response Received

N1 Filed (07/08/07)

NatWest Claim 1&2 (Pre 6 Years)

S.A.R sent 11/07/07

Statements received 04/08/07

LBA sent 04/08/07

Associates CC

S.A.R sent 13/07/07 - Awaiting their response

Capital One CC

Working out charges

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Arrrrghhhhhhhhhhh

 

Still no funds in my account looks like I am going to court tomorrow. Do I just take the settlement letter with me and ask for more time for the funds to be deposited in my account as I have just spoken to the Lit team and they have confirmed that the money should be in my account on Monday (3 working days from today)

Progress

 

Barclays/Woolwich Claim 1

Pre Lim letter sent 15/12/06

LBA sent 29/12/06

N1 filed 25/1/07

Acknoledgement received 15/2/07

Defence filed 26/2/07

Amendment submitted on 5/3/07

AQ submitted on 15/3/07

Hearing Date 13/07/07 friday

Offer received on 07/07/07

Settled in Full on 09/07/07

 

Barclays/Woolwich Claim 2 (Pre 6 Years)

Pre Lim Letter sent13/07/07

Response Received

LBA sent 24/07/07

Response Received

N1 Filed (07/08/07)

NatWest Claim 1&2 (Pre 6 Years)

S.A.R sent 11/07/07

Statements received 04/08/07

LBA sent 04/08/07

Associates CC

S.A.R sent 13/07/07 - Awaiting their response

Capital One CC

Working out charges

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Hi Volks,

to be honest im not sure which is the best course of action, you could just go to court, win and get a judgment but personally i would take the letter with you and advise the judge that the defendant has entered into negotiations to settle the dispute. i would also make it clear to the judge that they have had more than enough time to pay you the money but i would ask the judge to stay the case for a week or what ever he feels is enough time for barclays to settle.

 

i hope this helps

 

 

regards

paul

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Thanks Paul

 

It's just the dreaded Friday 13th Fear I have and if I could get out of not going to court tomorrow I would but ho hum it's off to court we go.

 

Just preparing my next claim against B's for pre 6 yr so once funds are in account on Monday I can post with no delay. Can I ask the pre lim letter in the templates library am I right in thinking I could use that one for my second case as I started this claim following another sites template letters and made quite a few mistakes at the start so don't want a repeat performance?

Progress

 

Barclays/Woolwich Claim 1

Pre Lim letter sent 15/12/06

LBA sent 29/12/06

N1 filed 25/1/07

Acknoledgement received 15/2/07

Defence filed 26/2/07

Amendment submitted on 5/3/07

AQ submitted on 15/3/07

Hearing Date 13/07/07 friday

Offer received on 07/07/07

Settled in Full on 09/07/07

 

Barclays/Woolwich Claim 2 (Pre 6 Years)

Pre Lim Letter sent13/07/07

Response Received

LBA sent 24/07/07

Response Received

N1 Filed (07/08/07)

NatWest Claim 1&2 (Pre 6 Years)

S.A.R sent 11/07/07

Statements received 04/08/07

LBA sent 04/08/07

Associates CC

S.A.R sent 13/07/07 - Awaiting their response

Capital One CC

Working out charges

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Hi Volks,

 

i see no reason why you cant use the prelim letter in the templates section, after all you are starting a new claim from scratch again so you should go through the process by asking for your charges back,then the LBA etc

 

good luck for tomorrow

 

regards

paul

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Thanks once again Paul. Have a good day. :)

Progress

 

Barclays/Woolwich Claim 1

Pre Lim letter sent 15/12/06

LBA sent 29/12/06

N1 filed 25/1/07

Acknoledgement received 15/2/07

Defence filed 26/2/07

Amendment submitted on 5/3/07

AQ submitted on 15/3/07

Hearing Date 13/07/07 friday

Offer received on 07/07/07

Settled in Full on 09/07/07

 

Barclays/Woolwich Claim 2 (Pre 6 Years)

Pre Lim Letter sent13/07/07

Response Received

LBA sent 24/07/07

Response Received

N1 Filed (07/08/07)

NatWest Claim 1&2 (Pre 6 Years)

S.A.R sent 11/07/07

Statements received 04/08/07

LBA sent 04/08/07

Associates CC

S.A.R sent 13/07/07 - Awaiting their response

Capital One CC

Working out charges

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Good luck!

nickyc

 

26.06.07 Prelim letter sent

02.07.07 Acknowledgement received

12.07.07 LBA sent

28.07.07 Received Barclays standard OFT letter

29.07.07 Lost it :?

14.08.07 Recovered and back on track :)

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Thanks nickyc

 

Ok to update. Just got back from court hearing scheduled at 10 of the 15 cases listed this morning mine was the only one not to have been totally settled before. Anyway that had to have been the shortest hearing ever called into court at 10 in the car on way home at 10.03. Was given a stay until the 1st of September. So roll on MOnday when Barclays have said they will deposit the money into my account. For anyone that has a case at Barnet County Court District Judge Marin is most definately on our side such a nice man.

Progress

 

Barclays/Woolwich Claim 1

Pre Lim letter sent 15/12/06

LBA sent 29/12/06

N1 filed 25/1/07

Acknoledgement received 15/2/07

Defence filed 26/2/07

Amendment submitted on 5/3/07

AQ submitted on 15/3/07

Hearing Date 13/07/07 friday

Offer received on 07/07/07

Settled in Full on 09/07/07

 

Barclays/Woolwich Claim 2 (Pre 6 Years)

Pre Lim Letter sent13/07/07

Response Received

LBA sent 24/07/07

Response Received

N1 Filed (07/08/07)

NatWest Claim 1&2 (Pre 6 Years)

S.A.R sent 11/07/07

Statements received 04/08/07

LBA sent 04/08/07

Associates CC

S.A.R sent 13/07/07 - Awaiting their response

Capital One CC

Working out charges

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Lucky Friday 13th then! Good to hear a judge on our side! Thanks for the update volks

nickyc

 

26.06.07 Prelim letter sent

02.07.07 Acknowledgement received

12.07.07 LBA sent

28.07.07 Received Barclays standard OFT letter

29.07.07 Lost it :?

14.08.07 Recovered and back on track :)

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Starting to look that way. I wonder if that lotto ticket will be just as lucky. Oh well where u at with your claim nickyc?

Progress

 

Barclays/Woolwich Claim 1

Pre Lim letter sent 15/12/06

LBA sent 29/12/06

N1 filed 25/1/07

Acknoledgement received 15/2/07

Defence filed 26/2/07

Amendment submitted on 5/3/07

AQ submitted on 15/3/07

Hearing Date 13/07/07 friday

Offer received on 07/07/07

Settled in Full on 09/07/07

 

Barclays/Woolwich Claim 2 (Pre 6 Years)

Pre Lim Letter sent13/07/07

Response Received

LBA sent 24/07/07

Response Received

N1 Filed (07/08/07)

NatWest Claim 1&2 (Pre 6 Years)

S.A.R sent 11/07/07

Statements received 04/08/07

LBA sent 04/08/07

Associates CC

S.A.R sent 13/07/07 - Awaiting their response

Capital One CC

Working out charges

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LBA sent yesterday! Am keeping it steady as I'm away on hols for 3 weeks from the end of August and I don't want the court stuff kicking off while I'm away :eek:

nickyc

 

26.06.07 Prelim letter sent

02.07.07 Acknowledgement received

12.07.07 LBA sent

28.07.07 Received Barclays standard OFT letter

29.07.07 Lost it :?

14.08.07 Recovered and back on track :)

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