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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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Barclays settle!! **WON**


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After a lot of paperwork, and preparation for court, Barclays wrote to me today, saying they were prepared to settle!! Apart from that, I can't go in to too much detail, as there's a confidentiality clause involved.

 

Just a note to 'doubters' - persevere, and you will win!

 

Take care everyone. I'll check back regularly to see if I can be of any assistance to anyone. In the meantime, thanks to everyone here (including the mods.)!

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Congratulations, makes me feel more possitive. Can I ask what sort of timescale it took you from when your court action was acknowledged to settlement?

Isherwood v Barclays £1155

1st letter sent 3/6/2006

Offer of £465 rejected 1/7/2006

LBA sent 10/07/2006

bogoff REPLY SENT 12/07/2006

MCOL COURT ACTION 17/7/2006

ACKNOWLEDGED 28/7/2006

DEFENCE ISSUED 17/8/2006

Defence and AQ received 23/8/2006

AQ delivered by hand to the County Court 24/8/2006

Court Date received on 26th Sept for 18th January

Documents Sent to Barclays and Courts 12th Oct

2ND JAN SETTLED IN FULL

 

MBNA request for £67 refund sent 17/7/2006

Halifax - Your next :eek:

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Congrats, just waiting for barclays defence to drop through the door.

 

Also dont mean to jump in your thread but confused by this part.

 

did you send Barclays a letter requesting an out of court settlement

 

What letter is this? Has a lot of other people sent this letter off?

 

Regards Paul.

Barclays - Owed £3,471.50. Prelim sent 9/06/06 - BS letter recieved & ignored. LBA sent 23/06/06 - claim made 18/07/06 - Acknowledged 03-08-06

 

RBS - Owed £341. Prelim sent 13/07/06 - LBA sent 03-08-06

 

Abbey - still waiting for 3 years worth of statements.

Mark One - Owed 1197.50p. Prelim Sent 19-07-06 - LBA Sent 03-08-06

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Hi No. 1 male

 

I had read on another thread that someone had sent Barclays a letter giving them one more chance to settle out of court and they did - I was just wondering if pillowatrick had too!

 

I wrote one on Friday and sent it as my court date was set for 16th August and then to my utter joy I received a very nice letter on Saturday morning from Barclays if you catch my drift! So case closed!!

 

Good luck to all still chasing and persevere as it will pay off :)

 

xxx

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congratulations

i received my court date today....8th September !!!!!!!!!!!!!!!!!

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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