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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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      • 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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doz vrs Lloyds ###won###


Doz
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It's been 3 days since lloyds acknowledged my claim but i have'nt had a letter from MCOL yet to confirm this. If i don't get anything by tommorrow morning should i give them a call just to check if it has been sent?

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Once you receive an acknowledgement of service (not notice of issue) you should find out where to send to - usually in about 2 weeks after filing your claim. Likely to be SCM in Brighton, but the acknowledgement will confirm this.

If I have been helpful please click on my star and add a comment.

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Hi Guidot. I have had acknowledgement from the courts dated 5th June but there is no address. So i wait to recieve something from SCM and the address will be on the letter from them to send my schedule to.?

 

Sorry for sounding a bit slow but this is my first claim at MCOL stage.:confused:

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You should receive a document soon with an address. If you do not in say 2 weeks, then post here again and I will give you the address to send to.

If I have been helpful please click on my star and add a comment.

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Thanks Guidot. It's all pretty confusing stuff especially when you havent done this before.

 

I will post again when i hear something or not.

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I have been claiming back the charges on this account for my girlfriend since 18th April 07 so i have been checking the account online every few days on the off chance to see if they would pay up (optomistic i know)....BUT it looks as though my optimism has paid off as i checked the account today and to my shock THEY PAID UP..:eek: :eek: ..This after only seven and a bit weeks!!..The full amount of £150 + £27.02 @ 8% + £30 court fee. So as you can imagine we are over the moon with the result..!!:lol:

I have not had any letter from lloyds to confirm this but it was only paid in today so i may get a letter in the next few days.

So for everyone out there claiming against lloyds HANG IN THERE THEY WILL PAY!!

I'd just like to say a BIG THANKYOU to everyone who has helped me along the way and of course the Consumer Action Group of which this would not of been possible! Donation is on the way.

 

Can a moderator please move this thread.

 

18/04/2007--Prelim Sent

25/04/2007--you got no chance response!

01/05/2007--LBA Sent

09/05/2007--usual reply to LBA-no chance

18/05/2007--MCOL Filed

21/05/2007--MCOL Issued

05/06/2007--Lloyds Acknowledged

13/06/2007--PAID IN FULL + 8% Interest + Court Fee.

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Just one quick question. Should i notify MCOL now that they have paid or do i wait for a letter from lloyds before doing this and how do i notify them,ring them or send a letter.?

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Something along these lines:

Dear Sir/Madam

 

Notice Of Discontinuance

Your Name v Bank – Claim Number - xxxxxxx

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £xxxxx.xx.

 

As such, no further action is necessary in respect of this claim.

 

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored. A copy of this letter has been sent to the Defendant.

 

Yours faithfully,

 

 

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Iv'e just logged into my MCOL account to start my second claim against lloyds and i noticed that lloyds had put in a defence one day after paying up!!!???

 

Does'nt really matter now, I have the cash in my hand,Donation made & letter to MCOL sent today informing them that the claim has been settled.

 

Good Timing by lloyds or what???:rolleyes:

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What are they doing? They really don't know their a*s from their elbow do they? lol :D

Congratulations!!

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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