Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
        • Like

LYNZFA vs NATWEST **WON**


lynzfa
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6329 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 193
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

ive just got a letter this morning from cobbetts.dont understand it really.can anyone help.it says

 

1. this defence is filed and served without prejudice to the right of the defendant to apply for summary judgement in respect of and/or to strike out the particulars of claim.

 

2.The defendant is embarassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant.in particular;

2.1 The particulars of claim set out no facts indicating what the claim is about,are incoherent and do not disclose any legally recognisable claim against the defendant.

 

3. the defendant invites the claimant to remedy the above.In the evnt that the claimant fails to do so within 14 days of the service of the defence then the defendant will apply to the court for an order strikingout the particulars of claim.

 

4.the defendant reserves the right to plead further to the particulars of claim once and if the claimant properly particularises the same.In the meantime,it is denied that the claimant is entitled to the relief clamed or any relief whether as pleaded or at all.

this was signe by lynsey clare burgoyne.

 

Does anyone know what i am supposed to do now what i am supposed to say to them.HELP

Link to post
Share on other sites

ive just got a letter this morning from cobbetts.dont understand it really.can anyone help.it says

 

1. this defence is filed and served without prejudice to the right of the defendant to apply for summary judgement in respect of and/or to strike out the particulars of claim.

 

2.The defendant is embarassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant.in particular;

2.1 The particulars of claim set out no facts indicating what the claim is about,are incoherent and do not disclose any legally recognisable claim against the defendant.

 

3. the defendant invites the claimant to remedy the above.In the evnt that the claimant fails to do so within 14 days of the service of the defence then the defendant will apply to the court for an order strikingout the particulars of claim.

 

4.the defendant reserves the right to plead further to the particulars of claim once and if the claimant properly particularises the same.In the meantime,it is denied that the claimant is entitled to the relief clamed or any relief whether as pleaded or at all.

this was signe by lynsey clare burgoyne.

 

Does anyone know what i am supposed to do now what i am supposed to say to them.HELP

 

it is their usual tactics - what was in your particulars on MCOL. I have a feeling that some one else received this reply but I cannot remeber who - maybe someone else on site will ahve a better memory?

 

Most of all don't worry - their replies are designed to scare and worry you, with support from here you will be able to send back correct paperwork/ details etc.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

Hi I'm not sure if this helps but I got the same reply just yesterday! I don't know what to do with it either!!! I am going to contact Money Claim by phone and ask them. If they dont know I am going to get in touch with Citizens Advice, apparently they are good with free legal advice....

Kate Alexander

Link to post
Share on other sites

I do not know because I really do not know but I thought they would up the stakes sooner or later. My best guess is that this is such a pathetic attempt at 'upping the stakes' really sad I think. I would definately say continue with your head held high and hold your ground with these blood sucking 'professionals' ... the momentum will speak for itself I believe x

Link to post
Share on other sites

i rreally think that they are doing this just to scare and stall as there are so many of us making claims . hold on tight hun dont let them scare you its what they want, for you to give up so they can keep the money they are NOT entitled to. im putting my n1 in 2 morrow and im bricking it.

Link to post
Share on other sites

i cant find the template so would be grateful if you could email it to me or tell me where to find it.im quite worried as i dont think anyone else has had the same reply.they are saying they dont know what i am taking them to court for.its a bit obvious thought isnt it.

Link to post
Share on other sites

it was acknowledged on 25/07 so the 28 days are still up from that date.ill try again today if there is nothing in the post today.have you heard anything yet gizmo

 

Defence and CPR part 18 request received today.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

whats the prt18 request for.i recieved a/q this morning.didnt know i had to pay another 100 pound to my local court.can we claim this back aswell or not.

 

Yeah it automatically gets added on. I received defence and part 18 request today -

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

has anyone got this far and when it has gone to court lost or has everyone been paid as i cant afford to lose anymore money.has anyone actually lost and if so what was the reasons for not getting their charges back

Link to post
Share on other sites

has anyone been to cort and lost.just want to know so i know whether to worry or not

 

AFAIK no one has been to court and no one has lost. Somebody went to court a long time ago and lost on a technicality but not from this site. My a/q return date is 17th.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...