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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 
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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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philread1 v Abbey ** WON ** fast track with costs


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Hello Everyone

 

As my title suggests, my case has now been settled in full, plus court costs, plus preparation costs of 40hrs @ £9.25 an hr (even though my case was going small claims Track!), and Ink, Post & Paper costs (£88!!!)

 

Can't believe it, I received the cheque last Thursday, it cleared yesterday!!!!!

 

Thank you to everyone on this site for the help, morale boosting & confidence you have given me, and by this thread alone, if I can do it then anyone can!!!!!!!!

 

Keep Fighting & Don't Let 'em Grind You Down!!!!!!!!!!!

 

Phil:)

This is only my personal, honest opinion!

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ICY, sorry I have'nt been of much help to you!

All I can advise you to do is get on with getting your charges back, ITS YOUR MONEY!!!!!!!!

Try and get yourself another account, by rights they are not supposed to take your overdraft away and close your account, but they do and it caused me some strife, but I just changed all my incomings/outgoings to my wifes account, and left the account I was claiming for overdrawn. As the account was in dispute, they can't do anything!!!!!!!!

My case was unusual to most of those on the forum as I did have to wait 15 weeks for my court date, which was far longer than any other people have had to wait!

All I can do is tell you to keep at 'em, ask if in doubt (someone will know the answer) no matter how stupid the question may seem, stick to your timetable & BE PATIENT!!!!!!!!!!!

Don't forget, the best things come to those that wait!!!!!!!!

Phil:)

This is only my personal, honest opinion!

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finally Phil...well done. that took even longer than mine

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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How did you manage that one?

 

Marie, Honestly, as you know yourself, the 40 hours is'nt the half of it! It feels like I've spent half my life with this case and I must have spent at least double that time preparing the court bundle (I think they got off lightly)!!!!!:D

 

The bundle was over 200 pages long!!!!!!!!

 

I heard a lot of people were asking for it, and fair play to James, he sounded like he did appreciate how long I must have taken to have got the bundle together and all the research I had done!

 

Anyway, if you don't ask, you don't get!!!!!!!!

 

Phil:)

This is only my personal, honest opinion!

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Marie, Honestly, as you know yourself, the 40 hours is'nt the half of it! It feels like I've spent half my life with this case and I must have spent at least double that time preparing the court bundle (I think they got off lightly)!!!!!

 

your right the hours a day we spend here reading and researching I am sure would work out to be way more than that.

 

Congratulations and well done

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congrats mate - been a long slog for you but hey you got there in the end hope mine goes as well as urs!!!!

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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Well done Phil!!!! :)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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CONGRATULATIONS :D:D:D

You deserve every penny you received and more for the time and effort you had to put in just to get back YOUR money that they appropriated in their underhand way.

 

I hope you and your family enjoy every penny.

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