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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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We Need Your Litigation Details!!!!!


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  • 2 weeks later...

Hi

 

RBOS has via cobbetts, lodged a defence, the case has been transferred to my local court (preston county), with an ex parte order that allocation questionnaire be dispensed wtih. Am waiting to see what happens next.

 

Sorry, case no in papers at work not home.

 

Started in moneyclaim. Amount claimed inc interst approx £2,000 been offered £1400.

 

Puzzled that the day before the sols filed their defence, i got a letter from RBOS re iterating their previous proposal and urged me to get in touch. When i did, they indicated they would be happy to negoate but when i referred to on going court proceedings, then they said they couldnt deal and i had to deal with sols.

 

Bit worred, now waiting for info from the court. Cobbetts tried to blind me with legalese, asking for further and better particulars, a sols friend of mine checked and said it was a standard template, i answered it equally as vague i.e the Defendnat has this info within their power or control etc... as it was asking for my bank acc details and how i broke down the charges (when i have highlighted my accs and returned them to the RBOS)

 

If anyone has got to this stage i would appreciate help!!!

 

thanks

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  • 4 weeks later...

Hi I have just recieved the defence from cobbetts and did't understand much of the jargon that they have used either. They asked me for my account information such as account name, number, and sort code. They also asked me to identify the date, amount, and reason for each charge. They also asked me to identify whether i feel the charges should not have been charged at all and if so why do I feel this. Or whether I feel they should not have been charged in the amount that they have and if it is why do I feel this and how much do I feel I should have been charged. They also asked me to specify how I came to the conclusion that the charges are "an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999" and in particular identify the regulations relied upon.

 

These are not the exact words as it is put into solicitor language but is this what you have also recieved and if so, who did you send the response to? the court or the solicitor? and if you did send a response with what answers did you respond with???

 

Thanx any help would be very appreciated it made me stumble when I opened the letter and read it for the first time

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  • 1 month later...
Hi Paulo.

 

I got a similar request (CPR 18).

 

Shall I ignore this letter, and just wait for it to go to small claims court?

 

Thanks for any help.

 

Well theres templates on my post paulomarto vs RBS with what I replied with

 

But you only need to reply to these requests when ordered to by the judge, so if ya want all you need to do is to reply with your account information (name, sort code, account number) and the list of charges and what the charges were for (bounced cheques, direct debits, unauthorised overdrafts etc) but if you want to scare the solicitors a bit take a look at the templates i have pe put on my post and see if its similar to what you need to reply

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