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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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Jurisdiction Clarification?? Help!


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Can someone please help me understand this?

 

I am Scottish and living in Edinburgh and having a bit of an information overload. I haven't actually claimed any charges back yet and I am still going through 6 years worth of statemments for RBS, MBNA, Halifax and Lloyds.

 

My understanding is that I will be able to claim through the English small claims court for MBNA, Halifax and Lloyds as they have theyre registered offices in England. However as I am in Scotland and the RBS is registered here how can I claim what will be at least £3000 in the Scottish small claims court with a limit of only £750?

 

I hope someone can help clear this up

 

Cheers

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Not sure about this but I believe that you can only use English small claims court if you have an English address. Think you need to look in to it a bit more. Have a look in the FAQ section; you should find the answer in there.

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Hi,

You could claim 2 amounts of £1,500 in Scotland using (summary cause,) its almost identical to the small claims form.It will cost you the same £39 but the Sheriff Court will return your paperwork and you will have to get a lawyer or sheriff's officer to serve your claims.Also you must only do one claim at a time. I think it's only 5 years you can go back in Scotland.

 

Best wishes with your claims.

 

Scott.

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Hi

Thanks for your thoughts on this! There seems to be very conflicting advice throughout forums and on other websites! my understanding having now read some legal info from the Govan Law Centre (Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK) is that you can use the English courts if either you or the bank have addresses there! Doesnt really help with RBOS! There must be other people in scotland who have claimed more than £750 against RBOS

 

Cheers

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