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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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Gordon v NW


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So far,

08/08/2006 Subject Access Request and £10.00 cheque taken to local NW branch. Receipt requested and received.

10/08/2006 Confirmation of SAR received from NW Data Protection Team.

22/08/2006 Duplicate statements received.

01/09/2006 Preliminary letter and schedule of charges taken to local branch. Receipt requested.(Prelim taken from library template).

08/09/2006 Reply from NW Member Account Servicing. This is a standard letter stating NW are unable to refund any charges.

I am now going to draft LBA, from library templates. I shall wait until 15/09/2006(14 days)before delivering LBA to my local branch.

Am I correct in not inluding interest at this stage?

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I have today received this month's NW statement. They have charged £60.00 for two unpaid DD's. This puts my account at -£59.26. What should I do regarding this and, more importantly, does it affect the LBA that I am preparing to present to my local branch next Monday?

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Yes add it onto your lba as they have taken it out of your account, between the lba and the money claim stage they added £60 to my account so I just added it on at the money claim stage and have just got it all back today!!

Nationwide

1st Letter Requesting Charges Sent - 31st July 2006

LBA Sent - 16th August 2006:rolleyes:

Money Claim Filed - 1st Sept 2006:evil:

Money Claim Acknowledge - 5th Sept 2006:-|

Part Refund of £79.02 - 13th Sept 2006:oops:

Settled in full.. short by £1.32 but not going to argue with that!! (541.02)- 14th Sept 2006

 

Halifax

Requested Bank Statments - 8th Sept 2006

Statements Recieved - 20th Sept 2006

Letter Requesting Charges Back Sent - 23rd Sept 2006

Letter Sent Refusing offer of £85.00 - 7th Oct 2006

Letter Received Offering Full Settlement (£170.00) - 12th Oct 2006

Barclaycard

S.A.R Sent - 19th Sept 2006

Statements Recieved - 23rd Sept 2006

Letter Requesting Charges Back Sent - 23rd Sept 2006

Part Refund of £152.00 recieved - 29th Sept 2006 :p

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Thank you. If I add my most recent charges onto the schedule it states the last date of entry as 30/08/2006. Now, does this mean that my earliest date for reclaim becomes 30/08/2000, ie , 6 years?

On my first schedule I took the 6 year start date as 23/08/2000-the date I submitted my SAR to the branch being 23/08/2006.

Incredibly, if I change the schedule start date from 23/08/2000 to 30/08/2000, I shall have to omit charges of £110!

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No thats fine you do it from the date of the s.a.r

Nationwide

1st Letter Requesting Charges Sent - 31st July 2006

LBA Sent - 16th August 2006:rolleyes:

Money Claim Filed - 1st Sept 2006:evil:

Money Claim Acknowledge - 5th Sept 2006:-|

Part Refund of £79.02 - 13th Sept 2006:oops:

Settled in full.. short by £1.32 but not going to argue with that!! (541.02)- 14th Sept 2006

 

Halifax

Requested Bank Statments - 8th Sept 2006

Statements Recieved - 20th Sept 2006

Letter Requesting Charges Back Sent - 23rd Sept 2006

Letter Sent Refusing offer of £85.00 - 7th Oct 2006

Letter Received Offering Full Settlement (£170.00) - 12th Oct 2006

Barclaycard

S.A.R Sent - 19th Sept 2006

Statements Recieved - 23rd Sept 2006

Letter Requesting Charges Back Sent - 23rd Sept 2006

Part Refund of £152.00 recieved - 29th Sept 2006 :p

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Hi, all. I have come a long way since using this super-site; and I have spread the word to quite a few.

I am just finallising my LBA-to be taken to my branch this afternoon. I think I should add into it the address and reference of the NW dept that replied to my Prelim, ie, Member Account Servicing REf: 602501. Should I add this in at the "their address" start of the LBA or inlude it as a seperate paragraph in the main body?

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I have just obtained a Small Claims Pack from my local court. Would anyone know if there is copy of a completed claims form on the site. I have searched but failed to find one.

(Previous post: I inluded a letter of insruction to my local branch plus a photocopy of NW's reply to the prelim=receipt received.)

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Help please. The schedule I sent with my prelim ran from 23/06/2000 to 30/06/2006.

Due to extra charges the schedule I sent with my LBA ran from 23/08/2000 to 30/09/2006. Strictly this is 4 days beyond the six year time limit.

Is this imortant? (If not is there any reason-I mean, for the six year time span?)

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Hi all. Just to keep in touch. I am in the 14 day post LBA state. Today, I received a standard letter from NW..." I'm disappointed (yes, apparently NW are disappointed!) to learn we haven't been able to resolve your complaint to your satisfaction... refer your case to Member Service Department...who will provide a final response from NW..."...signed Sarah Watson.

Has anyone else received this? Considering NW should be fully aware that I am issuing N1 Small Claims through the Courts next week, I cannot see any purpose of this response to my LBA; unless they intend to pay up quickly-and I hope they do not as I shall lose the interest.

Who are these guys?

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Just received another standard letter from NW telling me to **** ***; today is also the end of the 14 day LBA period. So, preparing N1 for action. When I finish I'll post the details as this might be useful as an exercise/example.

Just a question before I start: in the Particulars of Claim library template:

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

Is the interest actually entered here or just left on the spreadsheet schedule?

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