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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 
        • 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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Fivelaws v MINT ***WON***


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Prelim dated 29/Dec asking for £1508, which included CI at 15.9%.

 

Offer of £278 dated 11-Jan.

 

LBA sent 12-Jan.

 

Final 'get lost' letter dated 18-Jan.

 

N1 printed & ready to deliver on Monday 21-Jan, for slightly less than originally asked because of 4 charges older than 6-years (didn't need yet more complications).

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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Don't ya just love those get lost letters?! :rolleyes:

 

Best of luck fivelaws :)

Can't find what you're looking for? Please have a look at Michael Browne's

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No luck required! **

 

N1 signed, sealed & delivered 21-Jan in the Aldershot & Farnham County Court.

 

 

 

 

** Fingers crossed!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 2 weeks later...

Acknowledgement of Service - 4/Feb from Cobbetts.

 

"I intend to defend all of this claim"

 

 

We shall see....

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 2 weeks later...

Crikey!

 

Just received a 7 page written defence from Cobbetts.

 

Is this normal?

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 2 weeks later...

Allocation Questionnaire completed & returned today.

 

I've included the 'Draft Directions' as recommended - this is quite a cute document and I'm very impressed by whoever came up with it. A solicitor told me a long time ago that litigation is basically poker. The draft order is akin to going 'all in' with a straight face. Love it.

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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Offer from Cobbetts.

 

Their client is "confident" that they'll win at trial, however, "please have some money". Strange sort of confidence eh?

 

Curiously, the offer supposedly was for "charges, court costs and 8% interest" and yet the offer was actually only for the charges - no recovery of court fees and 0% interest.... Imagine even a legal offer from a solicitor being misleading... Unthinkable! :)

 

On the basis that the offer is for 50% of the claim, I've sent a 'No.6' rejection letter from the library, with a slightly acerbic addition pointing out their FAIL at maths and suggesting they "check your records".

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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And quite right too fivelaws. Until they can be bothered to offer 100% of the total claim, they're wasting your valuable time. Hold out for the whole lot......... you know already that the claim is worth it. ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Wooooaaaaa!!!

 

Just taken a call from Cobbetts. Very nice, softly spoken lady who started by apologising for their mistake on the offer - it was indeed too low.

 

However.... They are only prepared to settle for charges+costs+8%. They do not accept contractual interest. When I asked why, she claimed "because that's what the office of fair trade said was fair". Which was a bit odd.

 

I said that I'd have to decline the offer, and she said that on that basis, they would be applying to "strike out" the claim on the basis that their offer had been rejected...!!

 

"Bring it on". Was pretty much my reply!

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 2 weeks later...

** SETTLED **

 

Received copy of their AQ on Monday and decided to make a counter-offer splitting the difference between the claim and their latest offer. I did this partly on the basis that everything I've heard indicated that they would wait until the court hearing (3+ months) before making settlement and during that time I would be paying interest on a CC that would equate to roughly the same value.

 

My counter-offer was accepted by return of post...

 

 

Mint? Done

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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Congratulations, fivelaws..........Result :)

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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CONGRATULATIONS!!!!!!!!!!!!!

Tisn't very often that I get to say this these days, but well done fivelaws! A job well done!!! Hope you enjoy your winnings! ;)

xxxxxx

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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