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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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Sorry Jamie - been away for half term.

 

First interest amount is the total court interest at 8% (automatically done on your spreadsheet) to date.

 

Second one, at the bottom, is the daily interest rate from then on. To work it out take your original total (without the 1st lot of interest added on) and times by 0.00022 - this gives you the daily interest rate.

 

When you go into your spreadsheet again, it will have automatically updated it for your anyway - but work out the daily to put on the N1 so that they know.

 

Hope this helps.

jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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Hi jackie,

I have submitted my claim on MCOL,think ive done it right,doing the N1 form seemed a bit complex for me,also i am unable to get time off work to go to the court.do you know if i have to send another list of charges including the intrest to london scottish ?

Thanks for your help

jamie

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Jamie - wait until you get your claim no. from the court and then send in your schedule of charges - this way you can write the claim number at the top and it will be put with your file straight away. Send the schedule again to London Scottish at this time if you want. Once you get your claim no. and notice of issue from the court it will give you the date of "deemed served". LS have 14 days to acknowledge and then 14 days after this to defend. If they fail to acknowledge (like they did with me) after 14 days you can ask for judgement by default. Sit back and wait now :)

 

Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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Jamie - I've thought again about sending LS a list of charges - I wouldn't bother to have any more contact with them if you have already sent a list - they will have the claim form and previous lists. Just make sure that you send one to the court as the judge would want this to look at if it were to get that far. Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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Hi jackie,

Your help over the past few days has been great,a sigh of relief infact.to be honest now i have started my claim,i am a tiny bit apprehensive about if it does go to court ,however quite exited,the thought of getting my money back.

Capital 1 i'm claiming $1131 plus intrest and london scottish $260 plus interst.

Quite a nice tidy sum,just before xmas.:D

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Jamie - best of luck with both - I'm still trying to settle my Abbey claim (which is a biggie) but hopefully cap one will settle sooner rather than later. Don't worry - its doubtful that it will get to the court stage - I've hopped around a lot of the sections and they always settle before court (even if its just before) - they don't want to say what it actually costs them to provide their "service". ;) Jackie (just been trick or treating with my 10 year old and now I'm FREEZING!!)

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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Nice one Jamie - just sit and wait now.

 

Jackie :)

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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as i have got my claim number from the court just to clarify do i now send a list of charges and intrest to london scottish as i have only sent them a list of charges without intrest ,or do i now send the court a list of charges and intrest?

sorry to be a pain.

jamie

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Jamie - just send them to the court with a note of your claim no. at the top - you've already sent them to LS. BTW you're not a pain - it's nice to have someone say what you are already thinking. ;) Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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They have obviously learnt from being caught out with me - all good Jamie - it might just take a bit longer. You will get there in the end. It will interesting to see what their defence is.

 

Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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  • 4 weeks later...

ok,now yesterday i recieved quite a big pack from the court with a notice of transfer from the court that london scottish are going to defend,and is now going to be transferred to my local court.included in it is an allocation questionaire i believe it is a n152 form dont quote me on that also included is all my statments,a copy of the original sighned agreemnt and a letter from them to the court disputing the whole lot as when i took out the original agrement they were not called london scottish or thy took over the previous company which was called cofidis.

i have to return the form to the court by the 19/12/06

What do i do??????????

My question is can anyone give me some help:confused:

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Jamie - return your form by the date - there is a template in the library for filling in the AQ. If the claim is under £1500 there is no fee. If it is above this amount - its £100.00. Add the £100 onto your list of charges for LS to pay back.

 

Shout if you need to know anything else - but the AQ is pretty straightforward - there are two versions (one for small claims - one for fast track) make sure you check the number on the form is the same on the template.

 

It doesn't matter what they call themselves now -that what they were called when you had your account with them.

 

Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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  • 1 month later...

Ok after quite a hectic xmas and loads goin on at work i am back.have not posted for a while.anyway last week i recieved a letter from the court (notice of allocation to the small claims track hearing)There is a court date set for the 27th march.

ok,so what does this mean???????

any help would be great.

max

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Jamie - its probably better if you type out the order so people can see what is needed. Does it ask for any documents to be submitted that you will be relying on? Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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  • 4 years later...
How did you get on?

 

Hello and Welcome, walsall.

 

As this thread had not been posted on since 2007, I very much doubt we'll find out now :-)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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