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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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How long to go until court?


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My moneyclaim against Yorkshire Bank shows acknowledged on 4th July and they intend to defend. What date do they need to offer a defense by before I win by default?

 

By the looks of the other claims, they are submitting defences for them. You (and me!) will probably have to fill in the AQ, pay out some more money, then wait for them to waste some more court time before they finally pay out.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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Sorry, my fault - forgot about the AQ fee only applying over £1500!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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  • 2 weeks later...

Well I thought I was going to win by default but with 2 days to go they have entered a defence - cant wait to see it.

Now I know they are just stalling its really annoying me. The thing they dont understand is that my account (which I'm going to close) is very healthy now as I'm back working and I'm not desperate for this money (unlike I was edit). That means I want my day in court and unless they cough up every last penny thats what I will get - they had their chance.

 

Please do not use libellous claims that could cause problems for the site.

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If you end up in court I will eat my hat. You will get your money, but probably not any time soon.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Did they just do a defence or have they put in a counterclaim as well?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Possibly may come later, we got wind of the counterclaim weeks after the original defence was sent, or perhaps they have realised that that tac-tic wont wash either!!

 

Rachel

Doing this on behalf of my lovely Mum!!

 

LTSB No1 - £200+£31.70+£30 = £261.70 COURT DATE SET 8TH NOVEMBER 2006

LTSB No2 - £423 +£124.16+£80 = £627.16 DEFAULT JUDGEMENT GRANTED DUE TO NO SHOW FROM LTSB

Yorkshire - £498+£102.64+£80 = £680.64 COURT DATE TO BE ADVISED - ALLOCATED TO SMALL CLAIMS TRACK

Citi - £1600+£361.46+£120 = £2081.46 CHEQUE RECEIVED F&F SETTLEMENT 07.06.06

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My counterclaim was added on to the document with the defence which was only the other week, which is why I ask. I had not heard of them doing it before and thought this may be their new "weapon", but it seems they haven't used it on you.

 

We will have to wait and see what they do next.

 

Am I bovvered?:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just to keep you all informed I rang my local court up and they have confirmed that they have recieved my allocation questionnaire. I suppose its getting nearer but slowly - anyone else got this far?

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I need to get my AQ in by Monday, but there are plenty of people further down the path. Don't hold your breath, you probably still have a wait for your bank charges.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Just recieved my copy of Yorkshire Banks AQ. In it they are asking for the claim to be postponed for one month so that somehow both parties can attempt to settle the claim by informal discussion? Are they really going to try to resolve it informally within a month? If not how can I tell the courts this is a waste of time and these routes have already been exhausted.

In addition they are intending to present 2 witnesses when it goes to court - that should be interesting !

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Never mind Tony Blairs education, education, education, Yorkshire Bank work on their 3 I's - Indimidation, Intimidation, Intimidation :D That's what the 2 witnesses thing is all about. Try and scare you into submission - they've tried the same in another case by trying to get it moved to multi-track.

 

One thing about my defence did interest me - they state their charges are a genuine pre-estimate of loss, which is ridiculous - how the hell do they think they are going to get away with that?

 

I'm hoping the judge accepts my request for disclosure, but surely they would have to disclose their costs anyway, as they have made it a large part of their defence.

 

They are trying to delay your case by another month because that's them all over - try and drag it out as long as possible, intimidate as much as possible in the hope that people give up. I would write to the court and ask the the postponement be rejected, as you have given them every chance to come to an agreement before court action, that an organisation of their size with their own legal teams and huge amounts of manpower should not need this amount of time. Also mention the amount of cases that have not gone to court, that the banks simply settle every time and that you believe the claim will be ended very quickly once you are allocated a court date.

 

I do believe they picked the wrong people to mess about, I don't see anyone on this forum giving up!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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Probably not. I think you can write to them and object though.

 

You're spot on though. It's not just about money anymore. They can wriggle and squirm all they like but they can't get off the hook.

Yorkshire Bank £4697 Settled in full:D

Bank of Ireland Mortgages £1055 + Interests + costs Settled in full

MSDW £495 Settled in full

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Just recieved my copy of Yorkshire Banks AQ. In it they are asking for the claim to be postponed for one month so that somehow both parties can attempt to settle the claim by informal discussion? Are they really going to try to resolve it informally within a month? If not how can I tell the courts this is a waste of time and these routes have already been exhausted.

In addition they are intending to present 2 witnesses when it goes to court - that should be interesting !

 

 

SNAP. It seems they are trying to intimadate everyone with these 2 witnesses. Their going to have to do a hell of a lot of travelling, if they really do intend to defend all these cases.

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