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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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PG vs RBOS


paulg6
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Hi all - been following lots of these tracks for a while and have my own claim in progress - only now getting round to starting my own thread. Latest status is that I've received the defence response from Cobbett's and a request for more information - thanks to BigCol and others who have responses on their threads about how to deal with that one.

I've also just today received the AQ from my local court (Southport) and I've a question about witnesses - I noticed this mentioned on other threads but haven't researched it fully yet - any advice on this would be appreciated.

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:D

Hi all - been following lots of these tracks for a while and have my own claim in progress - only now getting round to starting my own thread. Latest status is that I've received the defence response from Cobbett's and a request for more information - thanks to BigCol and others who have responses on their threads about how to deal with that one.

I've also just today received the AQ from my local court (Southport) and I've a question about witnesses - I noticed this mentioned on other threads but haven't researched it fully yet - any advice on this would be appreciated.

 

You will not need or have any witnesses. :)

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Hi Paul.

 

Well, now that you've started your own thread, how about filling us in on everything you've done. Every response you've received. And exactly whereabouts in your claim you are.

Then we might be in a position to comment.

We do ask this of all new users when they register.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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LivelyLad / Rooster - thanks for the quick response.

To date I've received very little communication from the bank save the standard sorry you're not happy blah blah. I've followed the procedures to date to as per the guides the SAR was submitted in August and a request for communication with the charges sent in September, the LBA followed in Oct - in between the preliminary request and the LBA I got a response saying they were looking into it from the deputy branch manager and did not hear anything back whatsoever. No further communication was forthcoming and so I submitted a claim via MCOL on 21st November.

I received two days ago a letter from Cobbett's saying they had submitted a defence and requesting more information based around CPR18 and UCTA 1977 but I've read threads from BigCol and others around this defence tactic and have sent off a response similar to the ones they had written today.

This morning I received a letter from the courts saying that the case had been transferred locally and with the AQ questionairre - which was where my question about witnesses came in.

My claim is for around £3200 including the interest and the charges.

 

Thanks, Paul

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Ok this is the standard response from the template library.

 

Quote:

Section D - Witnesses

So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing?

Enter the number of witnesses you intend to call to give evidence not including yourself or any expert witness

Typically this would be 0

 

Here is the full template.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

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  • 3 weeks later...

Update : Offer letter from Cobbetts received - they have offered me £1600 as a goodwill gesture as their client considers that my claim will fail in court - they've laid out the standard offer conditions not to disclose the offer etc, full and final settlement..

I've sent back my response today informing them that I will not be accpeting this as full payment but will accept it as part payment and do not agree to their conditions.

Allocation questionairres are due back to court tomorrow - will be handing it in personally so I can have a word with the court clerk on dates etc..

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  • 2 weeks later...
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