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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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BOS no reply. panicing about court!


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Just wandering if anyone else has had no reply from BOS? I've sent the LBA and the 14 days expires on Monday!! so i'm getting a bit nervous of the prospect of going to court. half of me wants to just forget about it but i am claiming £2300.00. i think most of the worry is the fact i know nothing about the court system.

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Hi

 

Don't worry about going to court. BOS settled my first small claim within 5 days of me receiving notification from the Sherriff Court of the return date for the action.

2nd small claim lodged with a return date of 7th December, so fingers crossed for a similar outcome - it will then be time to lodge number 3 ....

 

The banks don't want to go to court if they can avoid it - the reason given in my letter was

"on a purely commercial basis, it will cost Bank of Scotland money to defend your claim in terms of the legal costs (even if the bank wins) because your claim will probably be allocated to the small calims track, in which costs are not generally awarded"

 

L

BoS-sm claim1 return date 23.11.06

£633.12 settled 05/10/06 (no 8% interest!!!)

BoS-sm claim2 return date 07.12.06

£512.00 settled 04/12/06

BOS - sm claim 3 lodged 02.11.06 for £701.86

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File a claim, they will not take you to court.

 

Best wishes.

 

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Recieved a letter today, starting:

 

Further to our letter of the 26th September. I'm sorry that you have not yet had a full response to your concerns.

 

We're still investigating your complaint, and you will recieve a response from us as soon as possible, but certainly no later than 17th November 2006.

 

The thing is this is the first letter i've recieved since the statements so god knows what letter they're talking about.

 

L.B.A deadline expires today so i'm going to file the claim tomorrow!!

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Good Luck,

 

Keep us posted.

 

Best wishes.

 

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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thats it i've handed the summary cause in. The women made me ammend a few things. The amount in section 4 on the first page is the total amount (charges and interest), not including court costs. i also had to add into section 7 the amount i was cliaming i.e £1050.00 charges plus £375.18 interest.

 

Overall think it went quite well. i asked the staff down there about reclaiming bank charges and they said alot of people had been down there already. she added the banks always paid up rather than go to court.

 

so i've just got to wait now for the court stuff to arrive, then i have to have a sheriff officer issue the summons.

 

feel more reassured now and i'am no longer fearing the prospect of going to prison.

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Hi

 

I too have had no contact from BOS since my LBA on 28.09.06 I have been away for a week or so, so my action has lost a bit of momentum. Now I am back, I too am a bit apprehensive of the next move.

 

I am claiming about £2K, so will not be leting it go. I think that is what they are hoping for by burying their heads in the sand over this.

 

I am going to get small claims forms tomorrow!

 

Martin

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