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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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Moneypenny v Abbey


moneypenny
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If its the full hearing you will find the bundle and witness statement here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/103771-abbey-court-bundle-witness.html

 

Although I would be most surprised if it was a full hearing as all claims so far seem to be subject to a stay.

 

What exactly did the notice state? Were there any Directions attached?

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I agree hence my question. The letter is titled Notice of hearing

 

I quote:

 

Take Notice that the Hearing will take place on 7 February, with the timing.

 

When I should attend 20 minutes has been allowed for the Hearing.

 

Please note: This case may be released to another Judge, possibly at a different Court.

 

No further info given I'm afraid.

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Did you make an application, if not then Abbet will have. They should have notified you of this. Its likely to be an application for a request for a stay buts its worth phoning Abbey to check.

 

If its a stay hearing you will find all the information you need to prepare in the stickies in this forum although its unlikely that the case will not be stayed.

 

Best wishes

 

Zoot :)

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Received today a letter from Abbey re an application to stay the claim until final determination of the OFT Test Case and any appeal, they they have filed with the Court today. Correct me if I'm wrong but I assume that the Court will notify me of this and that the application hearing set for 7 February 2008 will be cancelled pending the OFT Test Case. Zoot can you confirm this for me?

Thanks once again.

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  • 4 weeks later...

Today Saturday 2 February 2008 received a General Form of Judgment or Order from the Court ordering that the Claimant's claim is to be stayed pending the determination of the OFT against the Defendant and other in the high court of justice. I guess we'll just have to wait and see what the outcome is likely to be. Best wishes to all and thanks for all for your help.

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Guest donna4473

Could you please tell me if I can do anything about my claim!! I had a court date for 28th Sept 07 and the the Abbey applied for a stay after my court date was set. Were they allowed to do this??

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  • 11 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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