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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
        • Like

Court cases won and struck out!


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This thread contains links to claims won in court, and claims struck out by the judge.

Please PM a mod if you require a link adding to the list.

Thanks to Lively who put most of them in order for me ;)

 

Boston (Lincolnshire)

Bob & Wendy - V - Barclays *DEFENCE STRUCK OUT!*

 

Berwick & Morpeth

http://www.consumeractiongroup.co.uk/forum/barclays-bank/93273-car2403-barclays-bank-court.html

 

Bristol

Gizmo111 V Citicards**Defence struck out at hearing**

 

Chestefield

kaz v cahoot***WON IN COURT***

 

Croydon

Bookworm v 1st National Motor Finance - **WON in COURT**

 

Derby

bongobaz v citi ****won****(the judge ruled that citicard's charges WERE penalties and therefore unenforceable!)

 

court case next week**Defence Struck out POST OFT**

 

syds mum won in court post OFT

 

Guildford

Ukcrow v Lloyds TSB

General Form of Judgment or Order received - any action?

(the judge is asking the banks to confirm if "Is the case intended to be contested to and at trial?" and if they fail to do so, will strike out the defence and grant judgment to claimant.)

 

Lincoln Court. (Lincolnshire)

Sean v's Lloyds *LLOYDS ABUSE STRIKE OUT*

 

KAZZAW v Lloyds Asset Card - EVERYONE READ post 15 & post 219 !!!!!!

 

IrishRose v Lloyds TSB *ANOTHER LLOYDS STRIKE OUT!*WON*

 

judge striking out defence?

 

cassie98 v Woolwich

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/102963-can-anyone-advise-action.html

 

Liverpool

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/95524-notice-pay-county-court-2.html Won in court

 

Mayors & City of London Court

The Guildhall Building

Me v Barclays *** WON IN COURT ***

 

Luton

Think i've messed up big time **DEFENCE & C/C STRUCK OUT**

 

 

Newbury (Berkshire)

mariejader v Abbey **DEFENCE STRUCK OUT!**WON**

 

Northshields

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110863-sarahapples-barclays-16-8-a.html

 

Plymouth

Hello All ** WON IN COURT **

jennyj125 v Nat West **WON** (judge awards judgment at DIRECTIONS hearing)

 

Poole

keren29 v Associates (citicards)**Defence Struck Out**

 

Reading (Berkshire)

http://www.consumeractiongroup.co.uk/forum/barclays-bank/111081-court-case-today-court-2.html

 

RFisher33 vs Barclays *ANOTHER DEFENCE STRUCK OUT!*

 

Entering Judgement **ABUSE STRIKE OUT**

 

beaky79 vs Barclays **DEFENCE STRUCK OUT - ABUSE OF PROCESS, YES!!**

 

Beckett v Barclaycard **ABUSE OF PROCESS STRIKE-OUT!**

 

TUB ***Defence struck out as an abuse of process

 

Abbey are using the Berwick defence *STRUCK OUT*

 

GuidoT v Abbey ***WON***

 

Snoopy V Barlcays DEFENSE STRUCK OUT ABUSE ###won###

 

 

 

Rhyl

Judge Xxxxxxx at Rhyl County Court ***WON***

 

graciefaye

 

edale vs Barclays**DEFENCE STRUCK OUT**

 

Southport

kia *ANOTHER ABUSE STRIKE OUT!*WON*

 

Sheffield

WhatMoney -v- Lloyds - So **WON** (in court!)

 

Tameside

defence struck out (barclays)

 

Worcester

Toddle - v - Lloyds TSB ***WON IN COURT!***

 

Uxbridge

simba27 vs Lloyds TSB ###won.. plus £100 bonus!### (Judge comments on settled case and awards £100!)

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