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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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RhSymonds Vs HSBC ###WON###


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glad you got your thread going -

we will try to post any new info on that other thread -

already it has saved us hours of putting the same info into people's threads as we just point them there.

and, as you are one of the first - there must be a couple dozen by now - but none with the next step - so we are waiting to hear what comes next - we assume it will be a judge either requesting an aq (with about 14 days to complete and submit) or a court date - and if it is the court date - we'd appreciate the wording on the first couple to get to grips with what they require - i'm predicting about 30 notice for a date. as we've always said - that dg will settle before any court date - this is great! - although we still haven't seen dg's response to the abadonment of the aq.

i don't think peeps understand sometimes - we are just like you were only with a couple of months head start - in october, i was waiting for dg to make contact - which they did and my son's is all done an dusted - i've just hung around to help peeps. so, any info on here is self-help - in that i have absolutely no experience with anything like this except what i've read here. but as i like to get involved with helping peeps, when i saw the second person on here sat. asking about no aq - i jumped in and started that thread. we are all helping each other along - but nobody knows for sure what will happen next - so we wait. but it is interesting to me how it really is like a chess game - except sort of three ways - the court has just made a new move and we've responded - somewhat - now we wait to see what dg does - or the courts. but as the best defence is a good offence - that's the idea behind the letter. it shows initiative and i'm hoping the first half dozen or more letters into dg - they will just say - holy ship! better get them off the books - make an offer!

just thought i'd help you pass the time while waiting -

now you have your own thread - we can pop in to see how you're doing.

won't be long now - i think you are probably quite close to getting your money!

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no, i think either they will ask for an aq - and you'll get approx 14 days to get it in or they will proceed straight to setting a court date and so you'd get a letter soon saying your court date is xx/xx/xx (and my prediction is it will be about 30 days from the letter - obviously we will have to wait and see) please let us know on the other thread as soon as you hear - as you, in theory, will be one of the first to find out what happens next.......

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just to clarify for you - the courts will be letting you know what is going on next in that department

 

on the other hand - dg has asked for a breakdown - you've sent it - you very well may be getting an offer from them quite soon -

 

these are two separate things going on - getting a full offer and accepting it is highly preferable to whatever the court decides to do next - get back with anything from anybody if you want our advice on it.

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  • 3 weeks later...

to say what exactly - go back to that thread - the 28 day one - and look at post 1 - there are some ideas there for letters - nudging letters - i'm of the opinion now that you should send a letter to dg every 10 days until they offer - there are a couple of ideas on my other thread - the after you've filed your aq thread - e ven though you didn't - the ideas remain the same - plus on that thread - you have all the info you would need to get ready for that court date should it get close to it - but that's a long ways off - the main goal now is to get an offer from dg and to that end - write - don't call - and 10 days later write again.

it is common sense - if the judges/courts are getting browned off at their delaying tactics - you keep at them - using those words about how the judges will appreciate you both resolving this without using up more court time - it makes you look the one who is trying to get it resolved - and you are - with an offer.

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nuttyk - you've just caught me - i was off to bed -

first of all - please start your own thread - press this to start one in the hsbc forum:newthread.gif

 

i think you may have started with another site, yes? on this site - we advocate a prelim letter then 14 days later an lba, then 14 days later we file the claim. also, if you've been on mse - do not......not..... not use their poc's for the claim - if you've come here for help - we will help you - please read this link carefully. it will clear up a lot of things and there are several differences from the mse site - we don't ask for the 8% interest until we actually file the claim for one big difference.

there is no rush - it is advisable to take you time and get it right.

please read this through:Newcomer? Here's A User Guide

it will answer your questions and make sure you are doing things correctly.

so read that, start your own thread in the hsbc forum and get back with any questions. don't post anything until you are sure you've done it correctly.

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Wasted Costs order

 

 

well done brad pitt, errrr, rh!

congratulations, well deserved.

spend wisely!!!!!

and keep posting advice. and don't forget when you get your money to let the court know it has been resolved and pm a mod with claim details to be used in the litigation data base for the court bundles.

now, go have a great weekend!

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super, rh, especially the ml! i'm a little wary - although i guess we shouldn't expect them to trumpet it. son's 12 days is up tomorrow - so let's see what we get by monday in the post. probably a signed agreement - nevermind - then we'll go for the interest pertaining to the reclaimed charges.

 

again - i'm really pleased for you

congratulations!!!

 

 

p.s. that was really fast - less than a week from acceptance to payout!

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