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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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Me v Lloyds TSB (They Seem Confident) ***WON***


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If I were you, I would start another claim for charges taken after this one has been paid back to you, so you will at least have some spare cash to pay for the costs of the next claim.

My claim (similar amount to yours) is currently 'with the Judge' at my local County Court, I've only had to pay £80 costs in total as the amount is under £1000, and I'm expecting to get these back when Lloyds (reluctantly) pay up. I'm not in contact with Lloyds TSB solicitors just waiting for the Court to contact me. Just keep copies of everything and don't give up.

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Haha, was just reading your thread. I get what your saying, hopefully the bank will just give the rest to me when I ask (to prevent court again); then again maybe they won't!

Your case is further ahead of mine, Im expecting their defense now and the questionaire. So if the judge is deciding your case doesnt that mean you have 'won' (hopefully you will) and that a precedent has been set?

 

Hi, 'me -v-Lloyds TSB,

 

I've rang the Court office today to ask them whats happening, my case is still with the Judge (12 days now) I asked if they wanted any supporting documents (copies of my statements) but the Clerk said the Judge will direct them to write out to me if he needs any further details. Tempted to send them anyway to give the Judge a nudge, in case he's put my case to one side due to the fact that Lloyds have asked for time to negotiate. Yet Lloyds solicitors have not been in contact apart from wanting a copy of my AQ, so I'm just playing the waiting game.

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Yes. The banks solicitor will try anything to put people off going ahead with their claims. They're making 4 million profit per day last I heard and they're worried this might decrease in the future with us all claiming unfair charges back.

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