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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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RBS in Aberdeenshire - combine OC claims?


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If anyone is in the Aberdeenshire area and contemplating the Ordinary Cause route, I am wondering if it would be useful to appoint one solicitor to handle all similar claims.

 

I'm not sure how all this would work out in practice. I'm just testing the waters, so to speak.

 

Other viewpoints would be much appreciated. I've already consulted a solicitor up here, and don't think he'd object if there was more business put his way. I'm just unsure how practical this idea might be.

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Nope, solicitor all in hand.

 

But splitting the claim seems to be risky now. Some courts are rejecting subsequent claims as an abuse of process. So I might get my first £1500, but I could well be stuffed when trying for the rest.

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No firm in Glasgow or Edinburgh will touch them because of a signed agreement , I have heard of the abuse of process rulings. I believe Kilmarnock court is one of them . Which are the other courts?

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A signed agreement to what? To promise the banks that they won't work against them? If so, that is SHOCKING!!!!! :eek:

 

Don't know all the other courts, but I'm not wiling to risk MY court using my claims as the first one to kick into touch. All or nothing.

 

Anyway, I'm hoping it won't get that far, but you never know. Need to be prepared for that eventuality.

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This has been discussed here before at length.

The recent announcements by Judges that they will not entertain multiple claims on the same account as a way round the 750 cap,has been disturbing though not suprising.

Following my contact with the FOS I was informed that they are able to order repayments of up to 100k,and its interesting to see that every case they have dealt with has been successful with the banks paying out in full.

Criteria for FOS assistance is that no litigation has been started and that all normal complaints routes have been exhausted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ahhh. Now that would seem to be the way to go.

 

But, I think the guidelines for the banks to respond to your complaint is 8 weeks? In which case, I'll give them that time to respond, then bang a complaint off to the FOS. If no joy there, then I'll start proceedings.

 

Amazing how it only takes one post to make rethink the direction I should be taking. Cheers for that Martin. (Although it seems to go against the general advice of the site, though?)

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Actually you can do it in 4 weeks....simply send the prelim and the lba....instead of Court action after the lba simply contact the FOS instead.

You could also add in your Lba that you will be contacting the FOS.

The problems with the Scottish system have only recently come to light....there was some earlier successes in multiple claims.

Although the FOS are busy dealing with a workload...I still think that in many cases the FOS route could be quicker than waiting months for litigation to draw near to hearing dates at which point the banks usually pay.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I've sent my LBA already, so what I'll do is write them another letter at the end of their time limit telling them my next step will be the FOS. IF they don't pay up, that is.

 

That way, the FOS will see I've been reasonable and have exhausted all other avenues, and even given them a full eight weeks, which I believe they recommend you do anyway.

 

I do think though, that we'll see a rash of offers once the OFT report comes out, based on their recommendations. Doesn't matter a damn though, as it'll still only be a recommendation, and not law, so I'll still be chasing the full amount.

 

I guess I need to close this thread then, and carry on this thought in my RBS thread - http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/55607-seahorse-rbos.html

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