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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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Natwest/Incasso Claimform - Old Loan **WON**


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Hi all

 

Court went fine... the judgment has been set aside. I assume this means the CCJ is now wiped from my file. As far as the debt goes, she (the judge) did not mention what the next step would be. Am I forever in the debt, but they can not pursue me for it... Or do I have to follow a proceedure the get it wiped from my accounts?? I am not sure about this.

 

This judge did not approve the wasted costs however... but it was worth a try I suppose.

 

Incasso (Natwest) have now been told by the Judge that they must amend my credit file with regards to the default notices that have been added to my credit file.

 

Apparently, I didn't even need to go today... Jeez... I wish they'd make these things clear as I have lost a days pay.

 

I feel like Miss Money Penny... or more like Miss Money Penny-less should I say, ha ha!!

 

So..... I now wait to hear from Incasso to confirm in writing that the CCJ has been set aside and the default notices removed.

 

Thank you for all the help you have all given me.

 

:-) xx

Moodle

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why didn't he approve the wasted costs?

 

seems a bit unfair to me - you had to miss a day's wage to go to court for something which should never have got that far

The judge said, as both parties have incurred unnecessary cost she wouldn't be awarding costs to either side.

 

:-(

Moodle

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Hi everyone

 

Another week of paperwork and letter writing ahead... so many things to remember.

 

Just wondering - Is it feasible for me to now go ahead and claim the unlawful charges that were applied to the two Natwest accounts that have now been closed? I have the copy statements and the charges total almost 2 grand.

 

This wouldn't be anything to do with the loan account, but the two

Natwest accounts which they combined the overdrafts of with the outstanding loan when they tried to take me to court.

 

I know bank claims are stayed... but is it worth me getting the claim ready and waiting for the result of the final stage of the test case??

 

:-)

Moodle

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  • 1 month later...

I have copy statements and am contemplating claiming all the charges back. This account isn't exactly closed... but they don't contact me anymore... since the court appearance and all that caboodle.

Moodle

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