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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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Martin v Bank of Scotland


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Hi All,

 

I have been gathering information off the site for a number of weeks, and finally sent of my claims last week. I thought I'd gotten a grip on the procedures involved (Scottish Law) but have read something which I'm now worried about.

 

As my total claim is for around £1500, I split it into three years worth of charges. I have read in another thread that once you have taken a company to a small claims court, you cannot sue this company again.

 

Also, part two of my claim is also with BOS, but for my business account. I sent my initial claim in on 14/09/06 and received a call from my business manager two days later. He is adamant that all legislation regarding charges only apply to personal accounts. The call was almost bullying, and it has made me more determined to take this all the way - if I can. Again, I have made three individual claims for the last three years.

 

Any help or advice on these two problems would be most welcome.

 

Martin

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Hi All,

 

I have been gathering information off the site for a number of weeks, and finally sent of my claims last week. I thought I'd gotten a grip on the procedures involved (Scottish Law) but have read something which I'm now worried about.

 

As my total claim is for around £1500, I split it into three years worth of charges. I have read in another thread that once you have taken a company to a small claims court, you cannot sue this company again.

 

Also, part two of my claim is also with BOS, but for my business account. I sent my initial claim in on 14/09/06 and received a call from my business manager two days later. He is adamant that all legislation regarding charges only apply to personal accounts. The call was almost bullying, and it has made me more determined to take this all the way - if I can. Again, I have made three individual claims for the last three years.

 

Any help or advice on these two problems would be most welcome.

 

Martin

 

hi you can sue them again

 

read karnevils thread ref business account, you can claim

 

 

you can do the claim as a whole as well.

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  • 2 weeks later...

Hi All

 

I have just completed my LBA to BOS for my personal account. Can anyone tell me if there is a specific LBA for a business account claim as I can't seem to find one in the templates.

 

Thanks

 

Martin

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  • 4 weeks later...

Hi Everyone

 

Just asking a question to get things right in my head before going any further.

 

I sent my initial letter on 14.09.06. I got a rude phone call and then heard nothing further. I then sent the LBA on 28.09.06 and have again heard nothing.

 

At this point, I should now be going ahead with some court action, is this correct? Should I be sending a letter informing them court action is imminent, or have they had all their warnings?

 

Any help to ease the nerves at this point would be very welcome.

 

Thanks

 

Martin

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dont do them all at once........if you do that the court can instruct for them to be combined, and that will take you over small claims threshold (this is likely to happen).

 

As a halfway house, why ot go summary cause which allows you up to £1500?

 

J

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Cost is the same (I think) at £39.

 

The main difference is that should you lose, then the court may decide you are liable for the bank's legal costs. That said, it is highly unlikely any judge would order and individual to pay the costs of a company such as a bank. Anyway That's assuming it even gets to court - which it will almost certainly not.

 

In other words, risk? very very small. I will be going down this route if needs be, as have a great many others and the administration (form filling) is almost identical too.

 

At the end of the day, its your call, but I certainly know what route I will pursue.

 

Hope this helps.

 

j

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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