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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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Cerise -V- Bank of Scotland


Cerise
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Hi Cerise

use this link.

sorry cant get the link to work.So go into Scottish section, near the top there is a post "scottish procedure" by Scotia, its also in the guidance notes.

its a copy of how to fill in the claim , just change the dates and stuff. This is the statement i won with, Twice. With loads of thanks to Scotia.

mairi

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  • 2 weeks later...

Havent sent away the court papers yet but got a letter from the bank on Friday offering me 222 pounds back. Shall I reply declining the offer and tell them they have 7 days to offer me a full refund of 1300 pounds or I'll pursue it through the courts, or shall I just go ahead & send my papers away to the court?

 

Im thinking maybe the former option because I kinda messed things up a bit and dont have the spreadsheet of charges to send to the court, which they are requesting I send with the claim papers (should of made a photocopy before sending them to bank) and have had to request my statements all over again so I cant really do anything till I get those anyway.

Any advice would be much appreciated

 

At least we're getting somewhere now!

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hi cerise

send the letter accepting the £222 in PART settlement of your claim, let them know you'll be back for the rest. Say in your letter i look forward to your reply. (this will give you some time) I wouldn't give them 7 days because you may not have received your statements by then.

Have your claim all ready to go and as soon as you have a new list of your charges made up you can pay a visit to your local court.

hope this helps

mairi

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OK and fill in the acceptance form? Not sure if I should incase they write back and say ok you accepted the 222 by sending back the form and thats all your getting kind of thing! So just write them a letter telling them I'll accept that as part settlement and if this is not viable, ill be proceeding to court?

Thanks Mairi

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"So just write them a letter telling them I'll accept that as part settlement and if this is not viable, ill be proceeding to court?"

Looking at my OH offer letter and form, I wouldn't bother filling it in, i'd just send a letter. It will probably lead to a second offer which will at least buy you some time.

mairi

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  • 3 weeks later...

No response to my letter sent 2 weeks ago declining the offer of 222 pounds. I called the fife number to ask if anything had been sent to my old address (moved house recently) and was told by the operator that nothing had been sent after the last letter from Elaine Brown offering 222 pounds back.

So Ive no choice but to take this to court now, grrrrr, they had to make me fight it all the way and Im leaving the country December 1st for a year!

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BOS wont play! Try sending an LBA with a completed N1 form ( or Scottish equivalent) attached (complete online and print off two copies - one for you) Use the guidance in the templates section for the wording on the court form. Give them 7 - 14 days (whichever you prefer) to repay your claim in full or you will action the court form. Looks like they will only respond to court cases in the end. Good Luck!

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Good idea, might as well do that whilst Im waiting for the 2nd lot of statements to come through.

Sent 3 emails to them ([email protected]) as well and got no reply but got 3 read receipts..........hmmm.......

Funny how when the tables are turned they dont want to know!!

If it was me owing them 1300 I wouldnt hear the end of it.

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If it was me owing them 1300 I wouldnt hear the end of it.

LOL. That is sooo very true. They'd be phoning you every 5 mins.

Once you have written to them 2 or 3 times they seem to catch "selective hearing/reading syndrome"

Some of the call center staff are nice though and they ain't paid too well, so maybe if you speak to someone with a sympathetic ear you might get the statements sharpish.

mairi

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Received a letter when I got home yesterday offering me 668 pounds.

Shall I reply declining it, enclosing a copy of the claim form or just go straight ahead with the claim?

Time is not on my side - Im outta here in 7 weeks! Lets say for talking sake I sent away my claim to the court today - how long roughly would it take for the hearing date?

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N1 form is for use in English court system, if you follow the http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html you will be fine, forms 1 and 1B!! Good luck!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Good stuff, thats the one I filled in. Any chance I can email you it so see if its been done correctly? Dont want anything else messed up, Ive made a pigs ear of it as it is!!

 

Sooooo, should I send a copy of the claim form to BOS and say if I dont received a full refund in 7 days, Ill be sending the claim to the courts? Might as well chance it while Im waiting on those statements anyway as I cant send papers to court without that bloody spreadsheet of charges!

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I know but Im sitting here diddling my thumbs whilst waiting for these statements to come through so I might as well try something rather than do nothing? See if they'll cough up the full amount if they see im serious about going to court.

Aaah its worth a try, Ill send it off today and see how it goes :p

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I wouldnt recommend that, they won't pay out until they have the court papers from th ecourt your wasting your time doing that as theyll just think anyone serious enough would just go straight through the courts!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

OK finally got my statements sent through again and I need to do this spreadsheet thing so I can send it to the sherrif court - does it have to be a spreadsheet as Im not very good with excel or can you just list the charges with the date beside it? If it has to be a spreadsheet - can anyone send me their copy and I can chage the figures/dates in it?

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