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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 
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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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Is this standard proceedure???


Becky8976
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Hi, I'm new on here and have managed to get as far as paying £100 to my local court as MCOL rec'd a defence from RBS (Cobbetts). Now I am stuck!! The solicitors keep asking me for info. I have until 18th Sept to provide a list of all charges (not a problem), but they want me to provide a lot of other info such as the paragraph no of the contract I have with RBS that I said they have broken. They keep threatening me with asking the court to stop the claim if I do not give them this info. Should I give it to them? It seems to me they are just trying to get me to trip myself up IYKWIM. Should I have to provide this information if I am taking THEM to court. Surely THEY should have to justify the charges to ME!! Please help!!!

Becky

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Hi, I'm new on here and have managed to get as far as paying £100 to my local court as MCOL rec'd a defence from RBS (Cobbetts). Now I am stuck!! The solicitors keep asking me for info. I have until 18th Sept to provide a list of all charges (not a problem), but they want me to provide a lot of other info such as the paragraph no of the contract I have with RBS that I said they have broken. They keep threatening me with asking the court to stop the claim if I do not give them this info. Should I give it to them? It seems to me they are just trying to get me to trip myself up IYKWIM. Should I have to provide this information if I am taking THEM to court. Surely THEY should have to justify the charges to ME!! Please help!!!

 

 

hi dont worry typical of Cobblers!!! i have had the same.i guess your pack had this

"Request For Further Information and Clarification" document. This seems to be the standard request under CPR Pt 18 document that could be viewed as intimidatory as CPR Pt 18 does not apply to Small Claims procedures (unless the Court dicates it!).

dont worry see bigcols thread it has a very good response letter i used it and have had no more problems from Cobblers

 

 

good luck

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Becky,

 

LL's correct, have no fear, the Bank still has no wish to go to court over this sort of claim, they are just making you wait (like the rest of us) and 'work' for your money. They are hoping that by trying to blind you with threats and legalese that you will roll over and go away. But NO!! A few letters back talking about goodwill and that you understand all about CPR18 and the Courts requiorements and direction will very soon make them realise that they are not just dealing with some fly-by-nights!! Make sure that you send copies of their letters to the Court for consideration in your case and also copies of any letters that you reply to Cobblers with. Reply to the CPR 18 request stating that you do it out of the goodness of your own heart and a desire to conclude this case to your satisfaction, if you had the same request for further info that I had, then copy & paste of my thread and send it to Cobblers (copy to the Court).

 

BC:cool:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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I have sent my reply to Cobbetts saying I will provide info at the COURTS request yesterday and today I have received a letter from cobbetts offering £1200 as a gusture of goodwill as they think my claim will not hold up in court (yeah right!!). The letters must have crossed in the post but I am NOT accepting this offer as my claim is for £2118+int+costs. I am going to write a letter saying thanks but no thanks.

Becky

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Becky,

 

Have a look at the template for rejecting offers in the template library!

 

BC

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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