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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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Hoogie32 v Clydesdale Bank (Yorkshire) ***WON***


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Hi Hoogie, now I see yours I think they must have cocked up on Thailand’s offer and got their sums wrong again, obviously YB lawyers are not issued with calculators.

Regards Moss

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I don't think there's any system in how much they offer thy just look at what you wouldn't accept last time, think of a figure at stick it in a template letter and send it of and they must be under pressure in a hurry because they offered Thailand more than the claim. :rolleyes:

regards Moss

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"Well", "Well", Indeed Hoogie.

Sounds to me that the Judge wants you both to send off your court bundles, i.e. all doc's that you will be relying on at trial. then get you both there to give directions, i suspect this is because the court have had enough with the banks defending and never turning up and the judge wants to have a word in person, it would be interesting but i bet the bank will pay you out to avoid this.

 

Regards Moss

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Hoogie i think you will need to do 3 sets of your court bundle, send one to the court and one to YB. As there is a lot to print and copy i wouldn't do them just yet as you have a few weeks before they have to be in and YB might settle rather than do a court bundle to send to you, you can download the basic bundle here, there is a list of all doc's that you will need to add to the bundle.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

then just make sure you have everything ready and plenty of ink and paper. Also you might want to copy the Peter McNamara interview on CD which if you do you will have to inform the court that you will be producing a CD as evidence. I still think they will pay up rather than do this.

 

Regards Moss

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  • 3 weeks later...

Welshlass, if you start your own thread you will get plenty of help on the YB forum. YB are not a tough nut to crack if you follow the tried and tested route, but as I'm sure you have noticed they are very awkward and will delay you at every opportunity and try to scare you off if they can, but we've seen it all before and it 's not working. For all their threats and denials they never turn up in court and the YB successes section is filling up at a steady rate. So don't worry, i know it is daunting when you first start, just read up as much as you can and the more you read the more confident you will become.

 

Good luck Moss

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