Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Leeds Mercantile Hearing, 29 August 2007


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6047 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I had a great day..even though i didnt get to settle, the day itself was amazing, such a experience....makes you feel good to get that far.

I told the local news a while ago about the date so they'll be there too.

Link to post
Share on other sites

  • Replies 187
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Can't wait now... I'd better get dressed up then just in case I get snapped by YEP like you did !! :)

 

I saw your article in the YEP on 23rd July (my mum cut it out for me), you're getting to be a real celeb! They'll be asking for your autograph next! :D

 

Scoobz

Link to post
Share on other sites

hi there

 

I'm also in court on 29th but not sure of what documents to bring with me - getting worried as don't know what I'l have to do or what to expect.

 

I'm glad there are others there on the same day who are posting on here so will be able to put a face to a name.

 

Thanks to everyone for the help so far, wouldn't have been a ble to get this far without you all.

Link to post
Share on other sites

Link to post
Share on other sites

It looks like a good win for us scoobz....hopefully us next.

 

Lozza....http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html

 

also look on page 1 and it lists the things we took with us...good luck

 

Jen xx

Link to post
Share on other sites

Hi Lozza2306

 

It will be nice to meet you on 29th and compare notes! I've seen some positive postings today where people have been paid out before hearings so you never know (fingers crossed). A&L are being very awkward with some cases but paying out on others, its very strange how they work? What's your bank been like with other cases?

 

I'm wondering whether to take a copy of the 'request for removal of stay' letter with me just in case they try and pull a fast one and apply to have my case stayed on the day? Advise from anyone would be very much appreciated....

 

Not long to go now....

 

Regards

 

Scoobz

Link to post
Share on other sites

I think that would be a good idea scoobz, or maybe word someting incase they dont show up.....which they probably wont.

The main thing we are struggling with is that as far as the judge is concerned...he wont settle cases on the day...its the last chance for negotiations with the banks.....we cant settle cos they are not there. Unless the banks have really peeved him, the case will get directions on the day....

Sorry if that has stressed you....but alot of people go to cmc thinking they'll settle...alot do but bear in mind A&L are the trickiest i've seen.

 

XX

Link to post
Share on other sites

I am at Leeds on 29th August and have spoken to court this morning, all cases still going ahead and judge has not given any indication that he will be staying claims.

 

While talking to them and checking that they had received all relevant docs from me, I asked if HSBC had filed a defence. I asked as I was setting out a small bundle last night and noticed my wife had a copy of the defence filed for her calim but I did not have one.

 

After checking the clerk advised that they had only sent in acknowledgement of service with intention to submit a defence, this was on 10th May, and HSBC had 28 dys from this date, ie 7th June, however according to their records no defence has been filed.

 

Any suggestions what course of action I should take as advised that I cannot request judgement by default as now in Mercantile court.

 

However if they have not submitted a defence what is likely to happen on 29th August.

Link to post
Share on other sites

Hi Grayb,

 

the same happened with me & barclays, the judge told me they cannot rely on and documents in court they hav not submitted to you and the court before...however they can rely on c.p.r What i did...before all the oft stuff...is phone barclays and have it out with them, stick to your guns..they might settle before.

Link to post
Share on other sites

have today recieved a letter from SC&M stating that they intend to ask the court for cases dealing with bank charges to be postponed ('stayed') until proceedings with the OFT have been resolved.

 

What does that mean now as regards the court date a week on weds - am i still to attend or is there something else i should be doing.

 

please help

Link to post
Share on other sites

Link to post
Share on other sites

Of course. The difference with me however is that I have 3 claims being heard on the same day. 2 x Credit Card (various providers) and 1 x Abbey Bank Account claim.

 

I will get the full (and more) settlement to my CC claims as they cannot be stayed, and I won't be to fussed if they successfully manage to put a stay on my Bank Account as I will impose "fair" conditions on it to stay for 2 months. Remember I am currently picking up @ £6 per day interest alone!

 

Apart from that I am fully prepared with my arguments and documentation to persue in Court.

 

Long live the Revolution! (so long as I'm home in time for tea!) :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

Link to post
Share on other sites

Link to post
Share on other sites

shAbbey..... prepared..... are we talking the same Bank here? :D

 

Thanks for that Jen..... are you going to be there on the 29th to?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

Link to post
Share on other sites

No 'fraid not. I couldnt get in for the 29th I'm in on 4th Oct. Tried to get the day off work to come and give "moral support" but couldnt.

I'm there in spirit though xx

Link to post
Share on other sites

***** 7 DAYS TO GO ******

Hi Jen

I've printed off the 'request for removal of stay' and included it in my mini bundle, it won't do any harm to have it with me just in case!

 

Do you know if there's a template letter for banks that don't show up? I've got a strong feeling that A&L will be a no show again so would like to be prepared? I'm not expecting any kind of settlement on 29th and believe my case will go down same route as yours and will drag on and on, that's if it's not stayed!

I got a letter from court stating that my application to amend my claim (increasing the amount) will be dealt with on the day so hope Judge gives the ok cos it cost me £50 to change it!!

Scoobz

 

Link to post
Share on other sites

Hi Scoobz,

 

Its good you've got your application in your bundle. You could always type a letter to to strike out their defence due to not showing up etc?

They probably wont even contact the courts to say they're not attending, a friendly solicitor told me to ring them in the courts recess then i could tell the judge what they had said.

OOO I wish i could be there. x

Jen x

  • Haha 1
Link to post
Share on other sites

Ok....... I think it may be good for a head count as to who will be attending on the 29th? ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...