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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 
      • 81 replies
    • 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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Compynei vs RBS


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Hi All,

 

Sent in my claim with the letter from the templates section for charges on 3 accounts (mine, joint account and husbands account) totalling around £8k. Sent 3 seperate letters in 3 seperate envelopes.

 

Received 3 responses today, all in my husbands name (well, didn't have his surname on, just his first and middle name?!?!) saying that it could take 6-7 weeks while they investigate.

 

Two questions:

From reading around here, I'm guessing I ignore this and continue with my LBA after the 14 days has passed?

 

If it comes to filing for court, should I do that 3 times, once for each account and pay £360 fees? I realise I will get these back. Itl be 3 claims for 3.3, 2.7, and 2k. I presume this way I will stay in the small claims track? Advice appreciated.

 

Cheers...

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  • 1 month later...

You will recieve further instructions from the court. A copy of their defence and a AQ , however these are sometime dispensed with. Shoulds they enter a defence you will recieve a court date from the court.

 

 

Have a read through the FAQS and the step by step instructions these will help.

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Just had a letter today mentioning the test case.

 

Theres a paragraph in it that states:

 

"Similarly, you should be aware that if you choose to issue a claim in the County Courts (bit late, done already), "the Master of the Rolls" (in England & Walkes) or "The Lord Chief Justice" (Norther Ireland) has, at our request issued a notification to the County Courts suggesting they stay proceedings about bank charges until resolution of the banks' proceedings with the OFT. Alternativley, the bank will immediatley apply to the Court for an order to stay your action until resolution of the banks' proceedings with the OFT".

 

RBS have expressed their intention to defend already, but not filed defence.

 

What does this mean for us now? The letter has a link to here in it also:

RBS: Test case - Overdraft Charges – Update

 

Neil

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Hi,

 

They are still required to file a defence until a stay has been ordered by the court. If they do not file a defence by the deadline then you can apply for judgment by default.

 

See here for info on stays:

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

and here for info on approaches of different courts:

 

http://www.consumeractiongroup.co.uk/forum/general/109936-find-out-here-if-2.html#post1074864

 

All the best

 

Zoot

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Thats the very same letter I received from RBS today. Though I havent yet filed a case so not sure where to go next.

 

I have an open thread here awaiting further information - please let me know how you get on with yours!

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