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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.

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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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Can I claim charges on a debit card a/c?


tal
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Can I claim charges on a debit card a/c with Barclays, its just a normal current/savings account, I have the charges they total around £1500

 

Just wanted to know if its o.k to proceed or if debit card cases are on hold at the moment?

 

thanks

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Hi tal, yes you can proceed with a claim on your debit account. Unfortunately as it is a "bank account" it will probably get stayed until the outcome of the test case.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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Hi, Barclays sent me a list of my charges, since the testcase is still ongoing, shall I carry on the same way as per credit cards and issue the 14 day notice before sending the LBA?

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If your charges go back six years from now, in order to not lose the first few, proceed as normal with prelim letter, then the LBA and then file a claim. Although your claim will probably get stayed, at least your claim will be in the system and you won't lose the ones that are six years old due to the limitations act.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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Hi Tal,

 

If your LBA doen't result in a full refund of the chgs reclaimed, you file your claim at court on Form N1. Bank then has 28 days to respond to your claim and will file a defence.

 

You'll normally then be sent the AQ for completion and the bank will be told to file their AQ as well. The court will then order a stay on the case, either automatically or at a Prelim Hearing.

 

This is the likely scenario at the moment until the OFT test case is resolved.

 

The FOS (Ombudsman) will not look into your claim at the moment unless you can prove relevant financial hardship that's been caused by the bank chgs, which is harder to do than it sounds.

 

Just take your claim step by step and read through Link 1 in my thread so you're aware of how the reclaim process runs.

 

Slick

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