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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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More time for charges!!


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hi all im new to this so forgive me for any silly mistakes.

 

i am taking my bank to court after seeing about getting your charges back this is the story so far..

 

1.Sent them letter explaining the situation and what i would like from them.

 

2. I recieve a letter from them saying that they would settle for £2078 or so and the charges i am after are £7700 odd.

 

3. Send it back sayin i dont think so and tell them i will proceed with court action.

 

4. No reply two phone calls and no reply again, so final letter saying please reply to me within 7 days or court action will start.

 

5. Recieve another letter stating thank you for your letter we are looking into it, again thats all they sent.

 

6. Proceeded with court action went to online court and paid £250 to start proceedings against them.

 

7. They acknowledge letter and say they are defending the case signed by a solicitor.

 

So just wondered i started things on the 10th or so of april and court said that the letter in their eyes would be delivered by the 15th of april stating that if they dont hear by the 29th of april then i can make a judgementy against them, now they ackonwledged letter on the 23rd of april, so they get another 14 or 28 days to build a defence, now those 14 or 28 days do they start from the 15th or the 29th of april??

 

And if this does goto court am i likely to get laughed out of court??

 

many thanks

 

rob

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Guest Mumofthreeboys

They have 28 days from the date deemed served.

 

Why are you likely to get laughed out of court?

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right so deemed served? i presume you mean the 15th of april then? or am i wrong, just wondered is all if it does goto court will they just say no chance? mind you i have seen on here its never got that far as it would open flood gates so to speak, but theres always a first.

 

thanx mumofthreeboys

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Guest Mumofthreeboys

If by "delivered by" you mean the date deemed served then yes, it's 28 days from 15th April. It will be on the papers you received from the court.

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well just wondered as they have now brought in solicitors and just wondered what is likely to happen, plus bank have another 28 days to prepare a case so will they or wont they??

 

cheers all

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How can anyone second guess what the bank are going to do?

 

 

 

No bank can at present (IMO) afford to allow a test case to go through as it could be the end for banks as we know it :D. Their only option is to apply for your case to be struck out it would seem and that could only happen if you've been a numpty and have ballsed up your claim either by being vexaciuos and claiming things you are not entitled to or by generally getting your figures wrong.

 

If however, you've done things by the book, don't panic, it won't be long before they fold and offer you the full whack.....or close to it.

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If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Guest Mumofthreeboys
well just wondered as they have now brought in solicitors and just wondered what is likely to happen, plus bank have another 28 days to prepare a case so will they or wont they??

 

cheers all

 

Of course they have brought in solicitors, you are sueing them afterall.

 

The 28 days is for them to enter a defence. Read this and it may help explain things a bit better http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

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Hi tallguy79, I sincerely wish you all the best with your claim, which will no doubt be successful, especially with the help of the help of the experienced members in the forum.

Just a point in general, when anyone is starting a thread would it not be more beneficial if more detail was given, ie whether a claim is in Egland or Scotland, basic charges £xxxx, and calculated interest £xxxx giving claim total £xxxx.

This would help members follow threads more easily, ensuring the best advice is given. Also help newbies starting out to understand the claim system.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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  • 2 weeks later...

cheers i see what you mean, i have had a letter form cobbetts asking for details and why i am claiming etc, must admit i thought o great cant be arsed but after reading this im still going to, they aint getting away with scare tactics with me.

so now i have to spend more time detailing all this charges, dates, amounts etc etc, mind you i have copies of my statements so may send them those as there highlighted.

so do people reckon its best to get on with it fill in the forms etc and try to get them to cripple??

 

appreciate the help all

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well recieved another offer today of 5700 odd still 2000 under what im after should i take or go through with court action, as a week before hand they sent me through their defence letters for court now their sending me offers??

 

anyone?.

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Nobody can tell you whether to take it or not, however, my advice would be to carry on with the action unless they offer FULL settlement.

 

This is a standard tactic, trying to make you think it's a 'Deal or No Deal' type situation.

 

Question...was the offer from Cobbetts or Customer Rel.?

 

In my case I was still being offered settlements by CR whilst Cobbetts were defending the whole claim, currently I am awaiting my cheque (for £11k) after giving them a few more days to go through the numbers after client decided it was' mided to settle'.

 

Stick with it, in my opinion.

 

Please click my scales if this has helped at all.

 

Phil

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hi hydra, yes the offer was from customer relations, with a load of leaflets on charges etc they said this is a final offer and if i sign then i agree not to hold them accountable for the charges for some reason. i will ring them tom and tell them thats not good enough and that court papers are all ready so im going to go with it, got nothing to lose really.

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You really need to read the stickies in the Lloyds forum before you make this decision. The ruling you are talking about was made because the defendant wasn't properly prepared on the day. Lloyd's didnt even turn up. There are severla different issues that lead to the decision, which is a pretty shaky decision at best.

 

PLUS, and this is VERY IMPORTANT. It was a Small Claims Court with a Divisional Judge. There is no precedent set and it cannot be relied upon for other decisions. And I understand that this isn't the first time this has happened - just the first time since the bank charges balloon went up.

 

The case is so strong that I read on Martin Lewis' site last night that he is offering to fund the appeal for the guy if he can't afford it himself.

 

Don't throw away that 2k dude. Think on and do some more reading.

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yeah thinking sod it now phoned them up they said they wont budge and i mentioned about court they just said yes ok that is an option open to you, so i just said thanx and goodbye will get all my court paper work sorted for the 25th and see what happens now, cheers hydra

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Tallguy, they have done exactly the same with me.

 

My total claim (incl interest, and court fees of £250) is £7900. Following submission of N1, CR sent me a final offer letter last week stating they will pay £5387, and that I have eight weeks to decide.

 

Still not sure what to do, so have decided to bide my time for now. They have until 30 May to respond to N1 claim, so I too am awaiting Cobbetts standard issue letter any day.

 

It is a tricky one, I agree. When the money is yours, and for such a substantial sum, it is hard to decide between fight or flight.

 

Good luck, whatever you decide. Keep us posted.

[sIGPIC][/sIGPIC]

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It really isn't an episode of deal or no deal. It's YOUR money, thay can't refuse to pay you back, all they can do is delay, confuse, obfuscate and generally try to put you off.

 

And it seems to be working.

 

I should introduce you to my wife, who has been a harbinger of doom since the outset, after I declined the first offer of £2200 against a claim for £8600.

 

DONT PANIC!

 

Phil

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well im thinking of taking offer now i know what your all saying but to be honest cant really be arsed now, would og all the way but considering im getting 70% of it back i dont mind it'll do me nicely. cheers anyway guys

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