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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Quinn v NatWest. *** WON ***


quinny1
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Still would like clarification to the above to the last paragraph,in relation to an amount to put.

 

Also........

 

Phoned my local court today,and was told that because it is under £1500,then a further fee is not payable.

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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Letter now printed,enveloped,and will be going courtesy of Her Majesty's mail service,first thing tomorrow morning.

 

Let's hope Santa Claus has some good news for me,by the end of next week. :)

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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In my received correspondence from the court,I note the following:

 

Interest per S.69 County Courts Act 1984 of 8%-£200.84 continuing at 8% until judgement or settlement at a daily rate of 26p.

 

So when I finally send my letter to Cobbettss declining their offer,which should I go for?

 

Ken.

 

Hi quinny1,

If it helps, I've just sent the following rejection letter to Cobbetts:

 

XXXXXX

XXXXXXXXX

XXXXXXX

XXXXXX

XXXXXXXXXX

XXXXXXX

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

Your Ref: XXXXXXXXXX

 

Date: XXXXXXXXXX

 

 

Dear Sir/Madam,

 

Claim Number: XXXXXXXX Ref: XXXXXXXXXXXXX

 

Thank you for your letter dated XXXXXXXXXX.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on both of my current plus accounts, interest and court fees, which together with the daily rate of £0.00022 (as per the hmcs guidance notes on interest) are now totalling £XXXXXX as of XXXXXXX, a total that will increase every day until judgement or earlier settlement). I enclose an updated schedule of charges for your files.

I will accept the sum offered, only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of the unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £2,000.00 (or whatever you like, but within reason I suppose!) in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

Yours faithfully

XXXXXXXXXXXXX

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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That helps:)

I've chosen to enter this on my poC:

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £xxxxany any interest charged thereon;

 

b) Court costs;

 

c) Interest persuant to section 69 County CourtsAct as set out on the attached schedule(s) or at such a rate and for such periods as the court deems just.

 

Hope this of more use.

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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  • 5 weeks later...

Well,it's been a month now,and nothing has been heard from Cobbetts.Thought Santa might have had a nice surprise for me,but alas,no.

 

Is it normal to take this long to hear from them,as we are approaching the end,or might they have forgot, (Unlikely!!!!) and what should my next course of action be in order to try and bring this to a conclusion?

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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Just rung the court,and the papers have been submitted to the judge for a date,but I'm surprised that Cobbetts haven't come back with a better offer yet.

 

Mmmmmmmmmm............................

 

I notice that in a previous posting,someone actually rung Cobbetts,and asked them if they wanted to re-consider their position,before they submitted their own papers to the court,and Cobbetts decided to do just that.

 

Is it worth ringing them and if so,who do I need to ask for,or does anyone have an e.mail address,I can correspond to?

 

The one thing is though,that there is now another 31 days of interest to be added,which roughly equates to another £10 to the final total.

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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Thought I'd just give Cobbetts a bell,and they confirmed they have received my rejection letter,but are now awaiting further instructions from their client.

 

I did inform them that the judge now has the papers,and that a date for court is imminent.

 

Talk about dragging their heels on a further offer though,however,I was asked what figure I would settle at,to which I replied,'The full amount claimed of course!!!!' ;)

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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Talk about dragging their heels on a further offer though,however,I was asked what figure I would settle at,to which I replied,'The full amount claimed of course!!!!' :wink:

 

 

Good for you, and don't settle for anything less!!

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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Don't worry,I don't intend to.

 

Every day they delay,means my final total goes up,but what I can't understand,is why people who have claimed after my original date,have been paid out,yet they still haven't offered my full amount yet,even though an initial offer was made.

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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  • 4 weeks later...

I've won

 

A rather fat cheque arrived via Royal Mail special delivery this morning for.......

 

£1425.42

 

Of course the only stipulation,is that I deposit it into the account I am claiming against,as after 20 years,we still have it.But as long as I have the cash,I'm more than happy.

 

A donation to the running of this site will be sent in due course,and I'd like to thank everyone who posted and kept me going with advice.And to all the others who are going throughout the process at the moment,the only thing I can say is to keep going.

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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I've won

(Mods feel free to highlight it in my opening title,and amend accordingly.)

 

A rather fat cheque arrived via Royal Mail special delivery this morning for.......

 

£1425.42

 

Of course the only stipulation,is that I deposit it into the account I am claiming against,as after 20 years,we still have it.But as long as I have the cash,I'm more than happy.

 

A donation to the running of this site will be sent in due course,and I'd like to thank everyone who posted and kept me going with advice.And to all the others who are going throughout the process at the moment,the only thing I can say is to keep going.

 

Ken.

 

CONGRATULATIONS

PLEASE COMPLETE OUR SURVEY.

DONATION?;)

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Well done mate, I've got a court date and still waiting.

 

Re cheque I've read on here that although it stipulates their account number on there some people have put it into another bank account and it has cleared. I think as long as it has your name on it you can do just that.

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What a feeling.

 

I'll try my Halifax account,and see what they say.

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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Cheque banked at Nat West,just so as I could see the look on their faces.

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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Well done quinny1 thats great news. Im saving up at the moment so that i can submit my MCOL. My claim is for about £6500. We started at about the same time, and knowing that you have a big fat cheque in your posession gives me more determination to save that little bit harder.

Cap One (me)

Data Protection Act sent 15/08

Prem letter sent 23/09 £800

Partial offer £312

LBA sent 04/10

File at court 27/11

/B/C (me)

Data Protection Act sent 18/08

Account pre may 04 ordered statements

11/09

 

B/C (old mans)

Data Protection Act sent 18/08

missing statement letter 29/08

Prem letter sent 26/9 £500 + £1172.00 Est

 

Nat West (joint)

DPA letter sent 28/07

LBA non-compliance letter 11/09

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Good luck Wendy.

 

I remember you starting yours,and thought it would have been settled by now.Maybe it's because it's a larger amount?

 

Ken.

S.A.R sent Monday 21/8/06,by recorded delivery.

S.A.R delivered Tuesday 22/8/06.

Statements arrived today,1/9/06

Prelim letter sent by recorded delivery 16/9/06

'Get lost' letter received 21/9/06

LBA sent 25/9/06

14 day LBA deadline expires 9/10/06

2nd 'Get lost' letter received 29/9/06

MCOL completed and sent 16/10/06

Notice of Issue arrived 18/10/06

AQ sent back to court,and letter sent to Cobbetts 25/11/06

Cobbets AQ received 7/12/06

Offer made 14/12/06,and declined

16/01/07 Still awaiting a better offer

Success.£1425.42 delivered this morning.

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