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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.

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      Many thanks 
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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.
      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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Claiming against a Scottish bank (from an English address)


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Hi,

 

I am about to start court proceedings on behalf of my mum against the Bank of Scotland for £4500 (including interest). I have read dozens of threads on this site and it seems the simplest way forward is to claim via the English court system.

 

I have a mate in England who is willing to let me use his address for the correspondence (even though both warning letters thus far have been from her address in Fife).

 

Firstly, do you recommend going down this route. Secondly, is it best to claim via the MoneyClaim website or should I just fill out an N1 form and send it off to the county court in Berwick? If I send it to Berwick, do I need to use an English address?

 

So far I have addressed all correspondence to her branch in Scotland. If I claim in England should I address the claim to the HBOS head office in Halifax? Does it matter?

 

Finally, my letters up to now have quoted five years worth of charges (and interest). If I claim in England can I add a a sixth year on without first writing to the bank to warn them?

 

Any advice would be greatly appreciated. The Bank of Scotland screwed my mum when she was at her lowest ebb and really struggling to make ends meet and I'm determined to get this money back for her.

 

Cheers.

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Hi, Aitchy.

 

Sorry, I can't answer all your questions but there is a thread in the Halifax/Bank of Scotland Forum.....GEMSPAN V BANK OF SCOTLAND. She claimed from Scotland using an English address and got everthing refunded.Have a look at it, it should help you.

 

Regards.

 

Scott.

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