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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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bwfs2003 v Nat West **WON**


bwfs2003
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Received a letter from the court today. Nat West have acknowledged the claim and so now have until 28/9/06 to submit a defence.

 

In the same post I received a letter from the Royal Bank of Scotland, Group Litigation Dept stating they believe my claim discloses no reasonable grounds or cause of action. However, given the amount it's not commercially viable or cost effective to defend. Cheque for £899.38enclosed in full and final settlement, subject to confidentiality, blah blah, blah. Oh and would I confirm that I will write to the court discontinueing proceedings.

I've won:grin: Well, sort of.

 

I have written back saying I will accept only as a partial settlement, the amount sent does not include 8% interest which was included in my claim, I will not accept confidentiality and will not discontinue proceedings until the bank complies.

 

I'll bank the cheque tomorrow, but not in my Nat West account, lol.

barry

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Well Done. Let us know what they say about the 8% interest.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 3 weeks later...

The wunch of bankers at Nat west sent me a cheque at the end of last week. However, they had spelt my surname incorrectly and the words and figures differed. Therefore I would not have been able to successfully present it for payment. Needless to say, it has gone straight back to them.:-x

barry

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  • 3 weeks later...

Finally - a cheque (correctly completed, this time) for £136.56 being the 8% court interest on my claim was received this morning by Royal Mail Special Delivery.

 

I'VE WON

 

Total amount recovered from Nat West is £1035.95.

 

:grin: :grin: :grin: :grin: :grin: :grin:

barry

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Please to hear that, well done! I have been a Natwest customer for 20+ years with 3 accounts including the business account. Despite being £1000's of pounds in credit at various times on the various accounts, they have taken a rip whenever the oppurtunity arose. I would like to have a go, but the business a/c is often on the agreed o/draft limit, and I fear the consequences if closed that a/c.....

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Finally - a cheque (correctly completed, this time) for £136.56 being the 8% court interest on my claim was received this morning by Royal Mail Special Delivery.

 

I'VE WON

 

Total amount recovered from Nat West is £1035.95.

 

:grin: :grin: :grin: :grin: :grin: :grin:

 

CONGRATULATIONS!! - ANOTHER SUCCESSFUL CLAIMANT. WELL DONE TO YOU - WE HAVE JUST BEEN SUCCESSFUL TOO - IT'S A WONDERFUL FEELING ISN'T IT?

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