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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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On the road... ***WON***


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Saintly- cash in bank mate, what a relief and what a long road its been, and I know not as long as a lot of other peoples. Good luck to all and I will continue to keep an eye on others threads and chip in when I can help.;)

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Great news Clubber and a well deserved victory after quite a slog for you. Very pleased for you :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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CONGRATULATIONS

I am waiting to see if they will pay out offer made to me (75%) by customer relations after I took them to court. My case was stayed so i thought i would try to get this back.

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Clubber,

 

Nice to see Mr Quinn was willing to back down - good negotiating and Congratulations to you.

 

Slick

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Thanks all, the support is uplifting... Lucy60, I would very much like to know more about your case, particularly the timing of the offers and your initial court claim. I will check your posts but have no time now, working. What I'd like to know is;

 

The date of your initial claim either MCOL or to your local court. Thats date of issue & date of deemed service.

The date of the letter of initial offer from B's and the last sentences in the letter which will say something like 'if i do not hear from you within the next 8 weeks I will close the case'.

 

The date your case was stayed.

 

You may be able to argue the settlement offer has been compromised, depending on this information. Apologies if the answers to these are in your threads will check later.

Keep on keepin' on;)

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Lucy60...sorry I forgot. Any responses you made to the original offer either in writing or on the telephone. In my case Lit Team argued I should have told them I was pursuing negotiations with the customer relations team as well as them. I told them I was only negotiating with Barclays.

 

I also contacted customer relations and asked the member of staff to confirm the date to which their original offer was still valid, then accepted the offer on the phone with follow up letter to confirm, taking staff members name. Then rang next day to see if letter had arrived and while on asked this member of staff to confirm date offer valid until and to read back what her colleague had written the day before taking their name.

 

File notes of conversations like these may really help Lucy60 if you have them or can make the calls, if it is not too late.

C

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Hi clubber. date of initial claim 11/06/07 deemed served 13/06/07

offer received 8/7/07 rejected claim same week.

only timescale on letter is if i accept offer thy will credit account in 10 days.

case was stayed on 10/08/07

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