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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 
      • 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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RBS solicitor requests info ??


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I have just used moneyclaim to issue court proceedings to claim back £2700 from the RBoS.

They acknowledged the claim and now have defended.

I was expecting a form from the court to fill in and send back which I was ok with but I have just recieved a letter from the banks solicitors.

They are asking for clarification of all dates,amounts and reasons for charges.Also in relation to each charge an explanation as to why I contest it and how much I think should have been charged.

In addition they say "In your claimyou state-an unfair penalty under the Unfair terms in Consumer Contracts Regulations 1999"

"PLease specify all of the facts relied on by the Claimant in support of the contentions and in particular please identify the regulations relied upon by the claimant in alleging that the contractual provisions referred to are unenforcable"

 

If i don't supply this info by 6/07/07 they say they can apply to the court for an order to "strike out the claim"

 

HELP i have not read any other case like this what do I do ???

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Pretty much every case submitted via MCOL received this letter.

 

It's because you haven't given them a full list of all the individual charges.

 

All you need to do is send them (and a copy to the court) the list of charges, listing the date of the charge, the amount of the charge and the reason for the charge (the reason stated on your statement will suffice).

 

You don't have to answer their questions, just tell them that the answers they seek will be contained in your court bundle when submitted for the hearing.

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Thanks Kurt! Me too. I've received the same letter this morning and need to get the information to them before the 9th. I had sent a list of charges but I hadn't stated the reason for each charge.

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