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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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      • 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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KAZZAW v Lloyds Asset Card - EVERYONE READ post 15 & post 219 !!!!!!


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Excellent well done -

 

Could this somehow be put in front of judges as a suggested order to speed process kind of like standard disclosure

 

Hurrahh 4 Kazzaw

 

I like this idea !!??

Could it be incorporated somehow into a draft of proposed directions in your AQ

 

ANY MODS OUT THERE, WITH ANY IDEAS ??

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All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Excellent

 

If we could have the name of the judge and claim reference it would also be useful for those who have claims ongoing since they could reference the specific claim/court/judge when corresponding with their own court.

 

I'm not certain courts like to follow suit, but its often the case that once one professional does something, if its good and works, the rest follow on.

 

Glenn

 

Anyway that this would be possible? Understandably you would wish to retain anonymity, and ensure posting such would not prejudice your case.

Perhaps PM one of the Moderators for advice on this.

It would be really great, and very powerful info, if we could all get this info.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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L O L..........................damn..............I should have waited for interest rates to go up before putting in a claim at current contractual !!!

 

On a more serious note, I for one will be making sure my own claim is more watertight than a ducks backside!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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In keeping with your point tamadus.

Should any of the Banks decide they wish to defend a high profile case, on the grounds that their charges are justified, this would require them to provide evidence to that effect at the highest rate they could somehow justify.

In a highly competitive market, this would instantly put them at a huge dis-advantage compared to all their competitors.........who would then launch campaigns to encourage customers to bank with them for a better deal. Commercial suicide.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 4 weeks later...
A word of advice, from my own experince of Lloyds people need to be aware that they are not to be trusted. I received a written offer from their solicitors offerring to settle my claim which they reneged on after I had accepted it and had cancelled the hearing. Leaving me without a court hearing and money. So I'd keep any case involving Lloyds running untill you get cleared funds.

 

Surely if it was a written offer, you have some evidence to use and take some further action to ensure offer is fulfilled ?

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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PHotoman, it doesn't matter what they wrote since the defendant cancelled the claim, breach of promise isn't an offence as far as I'm aware.

 

It is a golden rule that you don't cancel the claim until you have cleared funds in your account. I am surprised that the court didn't make sure, not that i think its their job, simply that every time i have been in that situation the court have asked have you got cleared funds let us know when you have.

 

You always tell the defendant you want the money within 7 days if you don't get it you carry on with your action.

 

HTH

 

Glenn

 

Agreed, "It aint over till the fat lady sings" !!!

Only fulfil any agreement on your behalf to to end an action once you see those pound signs as cleared funds actually in your account, and that is the way i would play things, and hopefully all on this site would do same.

 

Maybe this advice should be posted in the FAQ's or a big highlited sticky somewhere ??

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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A word of advice, from my own experince of Lloyds people need to be aware that they are not to be trusted. I received a written offer from their solicitors offerring to settle my claim which they reneged on after I had accepted it and had cancelled the hearing. Leaving me without a court hearing and money. So I'd keep any case involving Lloyds running untill you get cleared funds.

Judging by the original post, it appears that the offer from the Solicitors was actually written, thus a formal offer that must be honoured. If this is the case I don't see any problem getting a court to enforce this ?

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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