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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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The Petch Gettin The Scabbey Habit **WON **


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Hi everyone in bag land,

This isn't my 1st post but something wierd happened to my pc and no matter what I tried couldn't log back on using original, funny thing it happened not long after emailing DLA!!

To bring you up to speed I had all my old statements so I was able to go straight for the jugular.

Sent usual letters etc usual responses.

Filed claim 6/6/06 (seemed an appropriate date) for £4168 + interest and costs

Received without prejudice 50% offer 5/7/06

Rejected offer and filed AQ 11/7/06

Not heard from DLA since,they seem to be dragging their heels. Just got a letter from Scabbey though saying they will not renew my rather substantial overdraft which is up for renewal next month (no suprise there then) I guess they're trying to make me settle for less. Lets hope they get a move on with the court dates!

Thanks everyone involved in this site it is a real rock for us both in information and support, a donation will definately be coming once Scabbey coughs up.

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Just received form from court, not sure what one part means so if someone could help please.

The last paragraph reads,"It is ordered that the claim is stayed to be referred to District Judge Dudley in boxwork on 8 September 2006." What is boxwork?:?

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  • 1 month later...

Sorry I haven't posted for a while been busy earning the £2500 to cover my overdraft the Abbey refused to renew!! Only things that have happened so for is the claim that was stayed in boxwork didn't get looked at by the judge so was stayed for another month. Also as I'm sure you Know Abbey have now decided to stop wasting money and are defending their own claims. As and when Judge Dudley @ Southend County Court decides to bother to look at my claim I'll let you Know the outcome. I suspect Abbey are just waiting until he sets a court date, still the interest is growing!!

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  • 1 month later...

Ok I have a Court Allocation/Case Management Conference in 2 days time!! Do I need to take my whole case preperation or is this just another cog in the really slow judicial process? It also says in the footnote, this case may be released to another judge, possibly at a different court. Does this mean they are likely to request to move the case to somewhere really inconvenient, if they do can I challenge it?

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Just checked my Email got a suprise comm from Abbey as follows;

Abbey have now taken back the handling of your claim from DLA Piper, and we note that your matter is scheduled for case management conference on Wednesday. I would therefore be grateful if you would call me at your earliest convenience to discuss proceedings.

 

James Arrandale

 

Has anyone else had a similar experience, if so what can I expect. If they agree to a full settlement out of court what do I need to get in order that they do not go back on their agreement?? Full payment by BACS before end of trading Tuesday??:confused:

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Well I rang Abbey they offered full settlement asked me to ring court to postpone the Management hearing and write withdrawing the claim once I receive the money, which should be in a few days:D I'll let you know what happens next.

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  • 2 weeks later...

Hi Petch. Congratulations on your win. It's always encouraging and inspiring to read success stories.

 

Please could you let me know the email address and telephone number for James? I haven't received any correspondence from Abbey apart from the standard fob-offs so have no contact details. I'm currently preparing my court bundle and am tempted to email to suggest they might wish to settle before they incur any further costs.

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