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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
      • 160 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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stayed cases, have you heard anything yet


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  • 4 weeks later...
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  • 3 weeks later...

just checking in, i am now completely out of debt thru this site, no claims in at all, give up on rbs for £80 or so due to the test case result, anynway what is the update, are people still getting money back, or are they fighting like made for it, in the start the success rate on getting your charges back was 99.9% and only took 12-15 weeks, sometimes less. whats the situation now. arte claims fruitless or what

TOTALLY debt free as of 2007, Fantastic,

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  • 1 year later...
Has anyone heard from a bank where the case is a debtor defending the bank's claim and claiming back charges as part of defence?

 

tedney

 

A bit old I know for a response but an old case of mine has raised its head again. Basically, my bank sued me for my overdraft after we had a disagreement in 2005. We corresponded for over a year but I could get anywhere with them. The correspondence went dead for a further year during which time the bank unknown to me bounced my direct debits twice a month for 4 months, charging £30 each time. At the start of 2007, they started a legal action against me to recover the overdraft which had grown due to the charges (I had moved banks in 2006).

 

Not only did I file a defence but I also countereclaimed for the charges. We went through the Court hoops (fast track) but 3 days after being served with the court's order to disclose documents etc, and eight months after the start of the OFT v The Banks case in 2007, the bank made a 'without notice application for a stay until the end of the OFT case.

 

Needless to say the court rolled over and granted the stay. I tried to get it lifted but all the Deputy District Judge would say when refusing my application was that 'it had come down from on high' that these cases were to be stayed. I just left the court in disgust.

 

Well, that was nearly four years ago and nearly two years since the Supreme Court gave its final judgement. To be fair, I had almost forgotten about the case but the bank have now written to me saying they will lift the stay on the grounds that following the Supreme Court's decison, I have no defence (wronlgi I might add).

 

Even if the bank win,I intend to continue my defence all the way using S140 of the Consumer Credit Act (Unfair relationships). I may end up in the Court of Appeal. Do you or any other Caggers know of any other cases where a defence/counterclaim has continued post the OFT decision?

 

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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tedney

 

Do you or any other Caggers know of any other cases where a defence/counterclaim has continued post the OFT decision?

Doc

 

Hello DocNot heard anything on mine, as far as I know case is still stayed, not heard from court or bank. My case also had PPI issue in it, so maybe that is why, more than three years now!

Regardst

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  • 9 months later...

I had my claim against Barclays stayed. To this day I haven't heard anything.

 

Does this mean it is still in limbo, or does it get thrown out after a time.

 

I would have thought the court should have given confirmation.

 

Is there still an alternative action, I'd go against their top lawyers, put what charges they like, no means to pay them anyway ;-)

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