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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 
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    • 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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JW 'v' HSBC ***SETTLED IN FULL***


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Is one copy to court and one copy to bank or 2 copies to court and 1 copy to bank. Sorry to sound a bit thick. :o

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How come the embarrased smiley comes out as surprised smiley??:confused:

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Letter to Court now sent (I decided to send 3 copies just in case). How long does it usually take for a reply? :confused:

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they've got 28 days to defend from the date it was deemed served. you'll see the date on the notice of issue that you received before. they'll probably defend on the 28th day at the last possible minute - seems to be automated lol. just sit back and read up on the allocation questionnaire information now, which is the next step.

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Thanks netty. spent most of last night reading your huuuuuuuuge thread. It was very entertaining and I thought the part about making an advert similar to the Halifax's one would be very interesting. I am currently fighting against Halifax and MBNA aswell but both of these are in the prelim stage. Halifax is currently "investigating my complaint" and MBNA is ignoring my SAR. :)

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I haven'r got that far yet. Sound fantastic :D . don;t forget to send some down outh so that I can put them up in the many branches I have around here. lol lol.

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My MCOL has been issued. :eek: . Feeling quite scared now.

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AGHHHHHHHHHHH. Received another letter from the wonderful Mr Langdale appologising for not reply to my letter dated 6th Feb and that he will reply by 9th April. I am worrying that he didn't receive my LBA. I have already done the MCOL. Should I give them a ring tomorrow to see if they had received by LBA???:confused:

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As you have already done your MCOL I would worry about the LBA it is history now. Colin appears to have no record of the communications anyone has with him in fact I think he may be a computer system!!! :D

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Thanks givememymoney. What will happen if they just turn around and say they never received my LBA. Will it cock up my MCOL?

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No it won't because you can prove you sent you prelim which they responded too in there you mention you will take action within 14 days. You have filed your MCOL another 14 days from that date. You will be able to produce a copy of your LBA. So there is enough evidence that you sent it. That aside the business end is really the court action and there would be nothing to stop you starting there if you wanted too. The directions on this site are to do the two letters before court action in order to demonstrate that you acted reasonably and fairly (and also in the hope that they will settle before court action is started) so not to worry.

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Thanks again givememymoney. Thats a relief. :) . Thanks again

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Thanks Nettyg. I will stick to the timetable.

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I'VE HAD AN OFFER!!!! :eek: But the only problem is that they are still refering to my prelim letter. Since the prelim letter they deducted a further £150.00 from my account which I explained to them in my LBA letter. I have already done the MCOL at a cost of £120.00. In my prelim letter I was claiming £3395.50, but in my LBA letter I was claiming £3545.50. They have offered £3120.00 in full and final settlement. What do I do???? Do I go after the full amount shown on my MCOL of £4201.10 which includes the 8% interest plus court costs??? Will the bank increase their offer. Can I accept this offer as a partial settlement figure and go after the rest????

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Netty. If you are there, please heeeeeeeeeelp.

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it would all depend on how dependent you are on the dosh jw. you could accept as part settlement only as you have filed your claim in court and will recover the rest - up to you really jw (i'd be inclined to go for the lot)

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Thanks for the reply Netty. Do you think that I would get the rest if I took it further and do you know if there is a template letter for accepting part settlement?

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If you added the £150.00 before you filed your claim it will just be added to what they have already offered and the court costs of £120.00 are an automatic addition to your claim and the interest will be added also.

 

You have paid the £120.00 you might as well finish the ride, you have nothing to loose by allowing the legal process to continue.

 

pete

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