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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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Simcap v Scabby National


simcap
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Have received Scabbeys defence:| . The courts have sent a AQ. Can you tell me, I am going through fast track. Does the AQ document in FAQ work for fast track aswell as small claims?

 

Also, Scabbey offered me half of my claim plus court fees, what do you think I should do about this?

 

Look forward to your comments.

 

Simcap:?

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I assume your talking about this

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

 

Even though there is Standard Disclosure in fast track, I don't see there is any to lose in proposing the Daft Directions Order. If the judge agrees to it it will speed up the process, if he doesn't no harm done.

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Sorry for the delay in saying thanks MB. All sorted now. Will be posting copy of AQ to Abbey and dropping in copy to the court hopefully tomorrow.

 

Many thanks again. Will keep you all informed as to the outcome.

 

Simcap:-)

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Hi all,

 

Put in my AQ yesterday with the Draft order of Directions and other information from the Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

This is a great thread for anyone filling out there AQ.

 

Does anyone know if you can claim back the £100.00 for AQ as this is not part of my original claim amount.

 

Thanks

 

Simcap.:rolleyes:

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It's a waiting game again. So this time I am preparing my court bundle just incase, but I am hoping the judge goes with my draft directions order. If that happens, I hope I will not have to go through copying hundreds of pages of statements. Normaly Scabbey fold before the 14 days are up. here's hoping

 

Simcap

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  • 4 weeks later...

Help please.

 

I have just received a letter from the court about Mediation Services. Has anyone had one of these before?

 

If yes then do I say NO - I do not want to try the mediation service. There is a bit after that says " I understand that I may face a costs sanction if the District Judge finds that refusal unreasonable. My reasons for refusing to mediate are: ".

 

If I say NO what should I put as a reason?

 

Any help will be greatly appriciated.

 

 

Simcap:confused:

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No. Something along these lines, amend to suit:

 

Throughout the process of this claim, the Defendant has never given any indication whatsoever that they wish to settle this matter by negociation or without the need for litigation. In fact, all my previous attempts at dialogue with the Defendant have been met with outright refusals to negotiate this matter, and on **/**/** I received a letter from Abbey which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence.(Only if true)

It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

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  • 1 year later...

Just for your records.

 

I won.

They came back to me with a number which was very different to mine. So I asked them to explain. They couldn't and offered me an extra £800.00 which was the difference.

Cheque arrived and then another cheque for the difference.

Happy Days.

Thank you to everyone how helped me.

Good luck to everyone else. You will get your money back if you fight to the end and can play the waiting game.

A happy Simcap.

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I have to say a very well done to you :D

 

I thought I was on the home run too once I submitted AQ but then they judge "Stayed" it and have been waiting for what seems like a life time like everyone else :eek:

But the end is near and with them giving you more than you claimed I am hopefull we are all going to get a good conclusion to our cases and receive our refunds very soon :p

Ladidi

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