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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Leeds Mercantile court 4th October 2007


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I was one of the 6 of us who initially objected to the stay (see my thread)http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/97003-tobydoby-yorkshire-bank.html

 

I agree if nothing else it was good getting it off my chest and having my grievances heard by the Judge. I agree with you guys that it was a forgone conclusion that the banks would get their stays granted. Just a pity our cases were not listed 6 months ago as I believe we would have seen our dosh by now,

 

The Barrister who spoke for all the banks clearly knew his stuff unlike the others and the Judge seemed a really nice chap ....... that said what did not come out in the wash was I personally do not believe the OFT case will be concluded in January as if the decision goes against the banks by the time they appeal through the judicial system it could drag on and on and on ..... who knows how long??

 

It is my opinion that for those of us who had the courage of conviction to claim against the banks and turn up for the hearing should have had the opportunity as the other man said " to have their day in court" and have the merits of their case heard rather than be subjectively thrown into the mass OFT case.

 

I thought initially that the Judge was going to listen in depth to the 6 of us after the others had initially not objected to the stays

 

Good Luck to you all and let me know how you get on.

 

Tobydoby

 

PS I am also pursuing the YB through the Financial Ombudsman for retalitory closure of my account for claiming my charges back so if they think they have heard the last of me ....think again !!

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Hi, Totally agree, i also think that if there had not been so many others objecting after we did we wouldnt have been stayed! Well done for standing your ground though. Its not over yet!!

Jenny x

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Hi was anyone there who had a credit card charges claim stayed I have a hearing at teesside to remove/amend stay that the judge stayed my claim after just reading the file as identical to test case(not me thinks).

 

dpick:mad:

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there were some cc cases there but they had been settled prior to the hearing and claimants didnt attend, their solicitors kept them seperate. You have the grounds to remove the stay...good luck!!

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  • 6 months later...
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Hopefully! next step case conference 22nd MAy

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Its up to you, i sent a little nudge letter to the bank sols a while ago but never heard anything, hopefully the 22nd will sort things out, i'm gonna write to the judge after the 22nd.

I think we need to wait til then, there could be more news by then.

Jenny x

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Hi

 

Yep Round 1 to us.

It will be interesting to see if all of us who were on the brink of success and made their presence known in Court get their "stays" removed so that we can finally stick the boot in. It would be great if that could happen this May.

 

I am hoping from a pecking order that we are first in the Queue for getting our money back .........why do I have a nasty taste in my mouth that by the time the banks appeal etc. this could take another 18/24 months. I hope I am wrong on that one.

 

Roll on 22 May 2008 for Round 2, can't wait for the knockout punch!!

 

Tobydoby

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Hi, I hope so too although i'm hoping that even if A&L appeal, they did say that they would abide by the outcome of the test case in my claim, so i'm hoping that they'll payup by the end of the month...we'll see...i won't hold my breath!!

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  • 4 weeks later...

Hi All, Just wondering what the outcome was on 22nd if anyone knows, from what i have seen there is nothing different really, anyone got any news?

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Hi Jen

 

When you get to know I too would be interested to learn what's happening, nothing on OFT website !

 

I would also suggest the following, given the delay in settling us

 

1) We are paid out first whenever the result is beyond further appeal (sometime over the next 12/24 months ??) and we do not have to then wait for all the other thousands of claims that will flood the system.

2) We are paid additional interest on all money due since the date of the stay, over and above the interest we were claiming in court.

3) We are given a written letter of apology from the banks for "daylight robbery" of our hard earned money.

 

Obviously points 1 & 2 first.

 

Regards

Tobydoby

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Hi, Great suggestions, i thin k what i'm gonna do is contact the courts and see what they advise, i sent a letter to A&Ls sols but no answer, i'll let u know what they say.

Jen

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  • 1 year later...

My Daughters case was stayed, along with 180 others at Leeds Mercantile Court.

Two things have happened recently,and I would like to ask if anyone knows what is happening ??

My Abbey Branch told me, that all those with claims would receive a letter, advising them that no repayments would be made, BUT all 'supposedly' outstanding amounts would be cancelled.As yet this has not happened.

She is now receiving letters asking for full payment and also getting Default notices etc etc.

Is the stay still in place ??? and any idea how to continue ??,any help would be appreciated.

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