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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
      • 161 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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court case next week**Defence Struck out POST OFT**


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That was my Judge.

 

I know it's easy to say but don't worry. He's very nice and very fair and easy to talk to. We didn't really have to say a lot, he did most of the talking and wasn't impressed with Barclays at all.

 

Every case he heard whilst I was there he struck out due to the banks not submitting a bundle.

 

Only thing I would say is to make sure you have worked out your charges including interest and court costs up to the date of your hearing.

 

Good luck and anything else you want to know just ask.

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Doefar

 

Is yours a Directions or a full hearing? If the latter, have Barclays complied with court orders to date ie submitting bundle etc on time? If not, you should be applying for the Defence case to be Struck Out.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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barney--did you take objection to stay letter with you to court

 

 

Hi doefar,

 

No we didn't. We'd decided not to object to the stay for various reasons.

 

I am almost certain that your case will go the same way as mine.

 

Can I ask, did you get your bundle in before the deadline?

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hi barney; yes it was and recorded

 

 

That's great, make sure you also take the letter you had from the court giving you the deadline on.

 

If you phone the court the day before, ask for the listings department, then ask if the defendant has submitted a defence.

 

You should also work out any extra expenses you want added to your claim. The judge added £50 which was the maximum for a day's wages and also our travel expenses.

 

Anything else you want to know I'll be more than happy to help.

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barney-

 

Todays 'bank charges hearing' between myself and Barclays bank went well, as you advised us Barclays solicitor did approach all barclays claimants before the hearing took place to advise us he was applying to the court for a stay.

 

When judge 'Douce' called me in for my hearing the first thing he asked us both for was evidence of our court bundles being submitted in accordance with the courts previous order.

 

I had my proof of delivery and the judge also had his copy of my bundle but, Barclays had not submitted one and were using the excuse 'We currently have a back log of these bundles including the one submitted by the claimant for this case'

 

Judge Douce then promptly 'Struck Barclays out' and advised me he was ordering judgement in my favour and Barclays have 21 days to either make full payment (Inc court costs and £50 compensation for wages) or submit an application detailing the reasons why they did not meet the courts original demands regarding their court bundles.

 

A good step in the right direction although i feel we may have some work left to do to ensure payment is received if at all.

 

Many thanks for your advice Barney

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