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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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A New Battle!!!!***WON***


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Congratulations Weaver, Certainly a Happy Christmas. Did you get the court fees and AQ fee included in your money from them. I hope so. I'm just a little bit behind you. Taking down my AQ today (I had a longer period for deadline with xmas and all that of 28th) I will be sending a copy to cobbetts followed by an Email to their enquiries address on their website informing them that AQ on its way and for them to confirm they receive it. You never know, I might get some money through in time for New Year celebrations! Best regards.

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Well done Weaver, I said that it wouldn't get as far as the court stage.

 

Have a fantastic Xmas and New Year.............I'm sure you will now. :D

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Congratulations Weaver, Certainly a Happy Christmas. Did you get the court fees and AQ fee included in your money from them. I hope so. I'm just a little bit behind you. Taking down my AQ today (I had a longer period for deadline with xmas and all that of 28th) I will be sending a copy to cobbetts followed by an Email to their enquiries address on their website informing them that AQ on its way and for them to confirm they receive it. You never know, I might get some money through in time for New Year celebrations! Best regards.

Hi Admiral,

 

I didn't get as far as sending in my AQ. It had to be in by the 22nd Dec so I completed it ready to deliver by hand but Cobbetts sent me cheque anyway. I did get my court fees back though. The funny thing is tho the defence was filed 5th Dec and the cheque is dated the 8/12/06, wonder why its taken so long to be sent? I think they are just going thru the motions with the defences and all that stuff, I really do. On someones desk there is a cheque with your name on it already just waiting to be popped into an envelope! I really hope that you get it soon.

 

Happy Christmas

 

weaver.

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Well done Weaver, I said that it wouldn't get as far as the court stage.

 

Have a fantastic Xmas and New Year.............I'm sure you will now. :D

Hi Deller,

 

Thanks alot, you were absolutaley right. I never doubted that I would get my money back but the closer we got to Christmas the more I was convinced that it would not be until the new year! I was bloody hysterical last night after going to the sorting office to get my mail ( it had to be signed for). Goodness me, I think the excitement of a lottery win could very possibly kill me!!!!!!!!!! I am going to send a letter to Nat West asking them to return the £89 charges they took from me last week and send a copy of the letter from Cobbetts that came with the cheque and highlight the bit that says " Although our client maintains its position as above and is confident that it will be successful aT a final hearing, its legal fees will almost certainly outweigh the value of the claim, and, as such, our client must take a commercial approach to such claims"

GOOD NEWS FOR EVERYONE I THINK!

 

I wish you a merry Christmas and much happiness in 2007

 

Weaver

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CONGRATULATIONS and have a good Christmas and New Year

Thank you NWSM,

 

I've said it before and I will say it again, you are brilliant on this site. Keep up the good work.

 

Happy Christmas to you and much Happiness for 2007.:)

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Following your progress with interest, I am one day behind you, but my claim is rather bigger, so may not pan out in excactly the same time frame..... fingers crossed.

 

Well done and enjoy your Christmas.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Should I hang on to the cheque until I get confirmation from Cobbetts regarding the removal of the bit about disclosure to third party's etc in writing? Is everyone else doing this or are they just banking or returning the cheque? Also, they have asked me to send the discontinuence letter to the courts and themselves but I do not really want to do this until the statement regarding third parties is removed and the cheque has been cleared which would mean that as far as the courts are concerned this case is still ongoing which means they are expecting me to hand in my AQ by tomorrow! I am a bit confused now as to what to do. I don,t want to stop the case incase Cobbetts do not agree to remove the third party condition which will then mean that I can say thanks but no thanks and continue with my claim. Am I just being pedantic? Can anyone help me quickly as 2moz is deadline for AQ? TA

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Bank the cheque, and wait for it to clear, before contacting the court regarding discontinuance.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Hi Weaver, Thanks for your note on my thread. I've been so busy sorting out my mum's affairs that if they have sent my cheque, it may be on the floor somewhere. (My mum had to move to a residentail home and I've been battling to get all her bits and pieces cleared out of her bungalow by the end of this week - have done it so i'm pleased with myself) I could really do with the money soon as i'm skint and out of work. If it comes through before the new year, maybe we ought to get together over a bottle of champagne!!! :wink: If they have got a cheque waiting, I hope they add the AQ fee i've just paid. Hope I can get my thread moved to the "Won" site soon

 

Anyway, Hope you have a Great time for Christmas - take care and I'll keep you posted. TA

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