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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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      • 81 replies
    • 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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Going to Court - RBOS


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:confused: The RBOS have employed a solicitor's firm - Cobbetts - to deal with my claim. I am claiming £3301.00 in bank charges spanning a 4 year period and filled in the court claim forms as specified on the This is Money website, along with copies of all my bank statements with charges highlighted.

 

The defence papers arrived on Thursday and they say the following - which I am really confused about..

 

"This Defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise her claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

 

"On allocation the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider making of appropriate orders to give the Claimant the opportunity to properly particularise her claim."

 

What on earth does all this mean?? I was under the impression that I had filled out everything correctly and by highlighting each charge that this was enough!

 

Please could someone give me some advice on what to do next as I am very confused and have no clue what to do!!

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:confused: The RBOS have employed a solicitor's firm - Cobbetts - to deal with my claim. I am claiming £3301.00 in bank charges spanning a 4 year period and filled in the court claim forms as specified on the This is Money website, along with copies of all my bank statements with charges highlighted.

 

The defence papers arrived on Thursday and they say the following - which I am really confused about..

 

"This Defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise her claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

 

"On allocation the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider making of appropriate orders to give the Claimant the opportunity to properly particularise her claim."

 

What on earth does all this mean?? I was under the impression that I had filled out everything correctly and by highlighting each charge that this was enough!

 

Please could someone give me some advice on what to do next as I am very confused and have no clue what to do!!

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:confused: I got the same letter as everyone else from Cobbetts but before i chanc eo trespond i got a letter form the court advising me that the case has been transferred to the Mercantile Court due to the number of other similar cases which share similar/same points!

 

Im now not too sure what to expect and wondered whether anyone else had had a similar experience?:confused:

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