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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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mischieflisa1971 vs Hsbc ***WON***


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well done, and congratulations!!!!

when you've received your money - let the court know it has been resolved and pm a mod with your claim details so they will be in the settled cases list.

 

again, congrats!

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Thanks Lateralus

 

the court date is next Tuesday, and probably won't have the money by then do I still need to let the court know? My letter from DG says...."You will be aware that your claim has been listed by the court for hearing on 7 August 2007. If you you wish to avoid the inconvenience and cost of attending the hearing , please return your acceptance within 3 days and we will arrange for the hearing to be cancelled."

 

So do I trust them to cancel it or just give the court a ring just in case they don't?? Maybe that is an idea for my own peace of mind!

 

Many thanks for all your help, to you Lateralus and everyone else who's helped me along the way!

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Thanks Noddy

We sent a letter asking for an adjournment to the court, we had rung the court to advise them what was happening and they told us to put in writing asking for adjournment. then just half an hour ago Hubby checked bank and hey presto money there!!! so now just writing a letter to court again saying that received full and final payment!

Can't believe how quick it went in the bank!!!!!

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It does happen very quickly. Well done on your win and enjoy your money. :D

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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Well done on your win Lisa

 

I wish i could say the same :O(

I've just had my claim stayed which was due to be heard on 14th Aug, does anyone else think it strange that DG only gave mischieflisa 3 days to respond!

 

Sorry , im looking at conspiracy theories now, lol

Silly i know, im just very disappointed

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shelleybean - you gonna have a go at this:

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE(2 Viewing)

 

 

 

lisa, here's a letter for the court

 

LETTER TO COURT WHEN SETTLED

The Court Manager

****** County Court

Court address

Court Postcode

 

[date]

Notice of Discontinuance

Dear Sir/Madam

 

[you] -v- The bank Plc

Claim Number: ********

 

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 £***, by way of a cheque/credit to my bank account on [date]. 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

 

 

 

and also - can you pm a mod with your claim details so yours can be included inthe settled claims list for hsbc

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Congratulations, Lisa.

 

Can you spare a few minutes to complete the winner's survey?

If you consider that the CAG has helped you in your claim, remember that it is the donations of earlier winners that made it possible.;)

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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