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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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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Dunfermline Sherrif Court


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Not quite, JB.

I have small claims against Halifax credit cards (£580), Homebase aka Argos store cards (£275) and Mint aka RBOS (£120) all for 17th April. Never been in court in my life but must admit I'm really looking forward to it...:D

 

If it comes to a court date, of course.

 

Court clerks at Dunfermline have been really helpful, even joking all these claims are keeping them in a job, with overtime, to boot He He He

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Nice one JT.. you'll have to keep me updated and let me know how you get on...... I'm about to submit my summary cause on Lloyds TSB for £1330 plus the judicial interest.

 

When did you initially submit your forms ??

 

:)

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Hi, I'm going to Dunfermline court on the 17th April. I have a claim with HBOS for £1732.22 and Abbey for £1118.21. The return date is today and Abbey have stated they intend to defend but HBOS haven't replied so I guess I win by default. I am starting to get nervous now about going to court. Any advice would be greatfully received.

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Hi JD

 

I went into the sheriff court today to submit my summary cause.. the clerk's in there are very helpful and really set my mind at ease... I like you was worried about actually having to appear in court if it came to it and the clerk said it would only be a preliminary hearing and no paperwork or evidence etc would be required at that point .... she also said it's very unlikely the bank would even bother to turn up so I wouldn't worry about it just now... pssst it was Sharon I spoke to in Dunfermline and she was a great help so if you have any more worries pop in and see her :)

 

Good luck

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JD don't count your chickens b efore they are hatched. HBOS I have heard are very busy with all the people claiming. In my case they did not turn up at perth so like you I thought I had won by default:) However it turned out they said theyhad lost the papers and the judge gave them an extra two weeks:mad: Then a CITI situation I won by default according to the court:D However after the sheriff officer sending an extract for payment. They came back to say they never received the papers:mad: even though I have several signed receipts (rec.dely.) so I have a new case for 13th. April:(

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Nice one JT.. you'll have to keep me updated and let me know how you get on...... I'm about to submit my summary cause on Lloyds TSB for £1330 plus the judicial interest.

 

When did you initially submit your forms ??

 

:)

 

Last week in Feb for all 3.

I also claimed against HBOS

Halifax caved in after 2nd letter and settled

BoS held out a bit longer - 'Customer Relations' (I use that term loosely) called with a 75% offer which I declined & said I had already submitted summary cause action. Received full offer in writing within 2 days although it did take them 3 weeks to cough up. I called them every day for 2 weeks till the refund was in my account :smile:

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Good heavens There is quite a difference between summary clause and small claims:confused: did you not know which you were serving?:confused: If it was over 750.00 the court should have known that it would be a summary clause. Perhaps talking to the nice girl will help you out and give you advice on how you should proceed;) Let me know the results

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Incidentally it hasn't been served on the bank so now i have to wait on the 'nice girl' fixing her error and sending it back to me so I can then get onto the sheriff officer to have it served :)

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;) ;) ;) ;)

Last week in Feb for all 3.

I also claimed against HBOS

Halifax caved in after 2nd letter and settled

BoS held out a bit longer - 'Customer Relations' (I use that term loosely) called with a 75% offer which I declined & said I had already submitted summary cause action. Received full offer in writing within 2 days of said phone call, although it did take them 3 weeks to cough up. I called them every day for 2 weeks till the refund was in my account :smile:

 

 

Mint (RBOS) caved in day before court case, cheque recieved by recorded delivery from Argos/Homebase also day before court case. In all, 4 claims settled before I got to Dunfermline Sheriff Court, hope you are the same

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