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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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Andy Ross v Lloyds - ** WON UNCONDITIONALLY **


Andy Ross
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On the 18th, give SC&M a call. Remind them of the courts order for document exchange and that the deadline is today. Ask why you have'nt received their documents, and when will you be receiveing them. They should then say that the settlement offer is in the post. Alternatively, they could pay the settlement straight in to your account with no notification, so keep an eye out for it.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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hello andy,

I'M at the stage of receiveing back Bank charges from Lloyds TSB.Can you tell me what if charges I cannot claim for, and is their a template for proceeding to claim charges upto the small claims court?Thankyou for any help you can give.

jkr

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jkr,

 

All your questions should be answered by reading the FAQ's and step by step instructions (link in my signiture below). Take your time. Give yourself a few days to absorb the information and read up as many threads as you can, particularly those in the 'successes' forum. Anything your not sure of after that, start a thread of your own and ask any questions you have on there.

 

Good luck:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Got a 2 letters from the court today, One says the date is the 23rd of Jan and will last up to 2 hours, the other one was asking for £100 by the 5th of jan or I will be struck out!

 

If the court date is the 25th aren't SCM going to drag it out until then?

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Why £100? Did'nt you pay the AQ fee or something?

 

You need to ring SC&M on Monday. If they've exceeded the deadline for submitting documents then you need to make a noise about it. They are now in breach of a court order. Ring them, ask them where their documents are and when you will be receiving them. Tell them that if you don't receive them in 3 days then you'll make representations to the court and request an order that their defence is struck out. They should thensay that the settlement is on the way.

 

If its not resolved by the 5th, you'll have to pay the £100 as requested by the court, although you will get this back upon settlement.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Good. Make sure you keep it!! Did they specify that that was what they wanted the £100 for?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Better ring them then, its probably a mistake.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Sounds like a bit of a delaying tactic if you ask me.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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phoned SCM again, they have my file, they say they are awaiting instructions from their Client.

 

I told them that if I don't have their documents by Wed, I will ask court to strike out their defence, they didn't seem concerned.

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Not sure if there is a particular process you need to follow to be honest, I've not had to deal with applying for a defence being struck out before. Just make the request in a letter and copy it to SC&M. Here's what I would send if it were me -

Dear Sir/Madam,

 

You -v- Lloyds TSB

Claim No:********

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated **/**/**.

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, on which it intends to rely at the forthcoming hearing.

 

I made a request of the defendant's solicitor by telephone on **/**/** to provide me with its documents. The Defendant's solicitor informed me that it could not tell me when, or indeed if, I would be receiving its documents as it was "awaiting clients instructions".

 

I can confirm that my documents were filed on **/**/** and seved to the Defendant on **/**/**.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective.

 

As such, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully

The overriding objective requires both parties to be on an even footing, and CPR rule 3.4(2)© gives the court the power to strike out a claim or defence if a party does not comply with an order.

 

Remember to copy it to SC&M - it should be the kick up the bum they need!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Yeah fax it to them. Takes forever to get through their infamous 'clearing department' otherwise.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Called SCM today to confirm they got the copy of my letter requesting their defence is struck out and asking if they were sending any papers.

 

The woman who answered told me they haven't recieved any instructions from their Client so they haven't sent any, what I do now is up to me.

She didn't seem concerned at all.!

 

What do I do now?

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