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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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pinkgirl28 vs barclays **WON**


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Have now received paperwork from mcol it seems barclays have not put in a defence yet, they have acknowledged the claim and now have 28 days to file a defence so it hasn't yet been sent to local court. So I am sending particulars of claim letter to northampton and I now have an address in london to send barclays letter.

Looks like its going to be a long waiting game.

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It seems mcol have made a balls up barclays have put in a defence but mcol didn't send it to me.

Phoned them yesterday to find out whats happening and was told that they are waiting for me to answer defence before it can be sent to local court.

I was very suprised and said how can i answer what i have not received.

They have said they will try to find defence and send it to me.

Have already sent particulars of claim letter to mcol and barclays litigation department.

Its begining to fell like to much hard work.

nobody at mcol seems to know what they are doing.

Have to wait yet again. See how long they take this time.

What a nightmare.

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Well this is turning into a nightmare, had a letter from mcol yesterday saying that barclays had not entered a defence.

I phoned them to see why the details online had not been changed as barclays time was up today and I should win by default.

I was then told that the letter was sent in error and that they had lost barclays defence. They are now going to write to barclays and ask them to resend defence, or if they did defend the claim.

I told them it wasn't good enogh as barclays now have the chance to put in a defence even though its unclear if they ever did put in a defence.

:-x seem mcol are so over streched there lossing the plot.

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:D Great news spoke with mcol today and was told the defence was entered in error. So I can now win by default.

They e-mailed me a N225 form to fill in and send back which I did by e-mail.:)

Fingers crossed I now need to sit back and wait for my money to be paid.

Will let you know when I have received money back.

Thanks to everyone that has helped me.

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  • 4 weeks later...

:D Fantastic news just went to my account and Barclays have deposited £1907.12 in full settlement of my claim.

:smile: Barclays litigation team were really helpful, after I filled for win by default, I received a letter from Barclays saying they could ask for this to be put aside, but they would rather settle in full. As long as I signed to cancel court proceddings.

We were worried about doing this as they would only pay once they received the paper work. we phoned them and were assured that the money would be in our account within 2 days, that was yesterday and it already been paid.

:D So another one for the won folder.

Thanks to everyone for all there advice you have all been great.

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Nice one Pinkgirl.

 

Congratulations on your win and glad it got soted in the end. A right shambles.

 

Regards, Slick

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