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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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ocharged v halifax ***SETTLED IN FULL***


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The common theme seems to be that they will make an offer to cover the last 6 months of charges. If this is turned down then they will make no further offers etc unless you file your court case. I'm not aware of any cases that are solely based on charges having made it to a court hearing at all. They seem to be acknowleging the court papers (they have 14 days to do this), and then settling for the full amount within a couple of days of that.

 

My next step is mcoll online as well, I had their standard "we offerred you 6 months, you said no, go away and talk to the ommbudsmen" letter and am tempted to treat this as their final response therefore jumping straight in to mcoll early.

 

Good luck.:D

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Hi,recieved an offer from Halifax offering 652.00.Due to send LBA on 9th Oct.

CLAIMING 2`144.00.

MONDAY 28TH SEPT.GOT STATEMENTS BACK.

MONDAY 25TH SEPT.SENT LETTER FOR PAYMENT.

28/9/06.GOT LETTER FORM HALIFAX,(SOORY YOUR NOT HSPPY)

SATURDAY 7TH OCT.LETTER OFFERING 652.00.

:p
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Guest ian cognito

Hi, thankyou,I`m not sure if I sorted it ,I suppose I was worried about money claim bit,not sure how to fill in the paper work but I`m not at that stage yet.I will just keep reading and try to work it out.

:p
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Hi Ocharged!!

 

We are at exactly the same stage! I am also sending my LBA on the 9th!! (Nice we are keeping the halifax busy!!)

 

In a way I hope they don't pay up, then I get my 8% interest, which is about £150!! hee hee!! (I'm claiming £1800 since June 04)

 

I will keep an eye on your thread and see how you are doing. We are nearly there now! I have had a look at the MCOL site and it looks quite straight forward, and I have read up lots on what to include on the claim form by reading other people's posts. Bet i'll still have lots of questions when it comes to actually doing it!!

 

The very best of luck (not that you will need it!) and let us know how you get on!!!

Springer :p

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I hadn't received an offer, jsut a standard letter saying they were looking into it, so have amended my LBA to include the following paragraph:

Thank you for your letter dated 5 October 2006 and its enclosed leaflet.

In my previous letter, I advised I would give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. This has not happened.

Don't know if you could send the ROS letter as janquinny advised and maybe adjsut your LBA slightly? As they haven't met with your original request?

Springer :p

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I would send one letter which is a combination of the declining offer and LBA. Tell them you accept their offer but in part payment only and give them 14 days to pay in full or its court time.

 

They will reply withdrawing offer and your back on track.

 

They are working from a flow chart .

 

sod off letter ----- Part payment ------ sod off ------ defend claim ------ pay in full if it appears its going to court. or something like that.

 

nothing you do is going to change that so make sure you do the same

 

Initial approach ----- accept offer as part payment ------ LBA-------MCOL-----AQ------ Settled:) :)

 

 

keep to the timetable anything else will delay you getting repaid.

  • Haha 1

7 actions in progress

 

amount refunded so far £6500

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Whoops! Sorry, didn't mean to confuse you?

 

I think you can just send your LBA as planned tomorrow, then send your rejection of charges (which is in the templates section) on Tuesday? This may be best as in the ROC letter, you refer to the LBA, so it would make sense if this is sent first?

 

Does this help? x

Springer :p

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I don't think there is one in the template, it would mean you drafting one up, by refering to the LBA and ROC letters in the library.

 

That's why I thought it might be easier to just send your LBA tomorrow, followed by ROC Tuesday, that way you can just use the standard letters, if you are worried about drafting a merged one?

Springer :p

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Guest ian cognito

Think the basic advice is (or should be) follow the step by step instructions and stick to your timetable. Use the standard templates wherever possible, if in doubt - ask! where opinions differ either/or has probably been tested in the past and proved to work, sit back, have a think then take the one most appropriate to you. Too many hands make light broth? or is it many hands make broth work? oh never mind!!!!!

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Amend the LBA to say you will accept the part payment but intend to pursue the rest through the courts.

[CENTER][SIZE=2][I][COLOR=DarkOrange]Any advice offered is only my opinion, based on my experience with my claim [/COLOR][/I][/SIZE] [SIZE=3][COLOR=Blue][SIZE=2] I won my case because[/SIZE] I READ THESE FIRST[/COLOR][/SIZE] [URL="http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/"][COLOR=red]http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/[/COLOR][/URL] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=3]Halifax[/SIZE][COLOR=YellowGreen]-[/COLOR][/COLOR][B][SIZE=4][COLOR=Red][COLOR=YellowGreen]SETTLED IN FULL[/COLOR] :D:D:D[/COLOR][/SIZE][/B][/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=magenta] [COLOR=SeaGreen]Prelim letter sent [COLOR=Black]10/07/06[/COLOR] Moneyclaim issued [COLOR=Black]07//08/06[/COLOR][/COLOR] [COLOR=Red]Settled in full[/COLOR] [COLOR=Black]15/08/06 [SIZE=2] [/SIZE][/COLOR][/COLOR][/SIZE][/FONT][CENTER][FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=2][COLOR=DarkOrchid][SIZE=1]Survey completed. Donation made[/SIZE].[/COLOR][/SIZE][/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [CENTER][FONT=Comic Sans MS][SIZE=2][COLOR=magenta][COLOR=Black][COLOR=Navy]Thanks to Dave and Bankfodder, and all who have given their time and advice[/COLOR]:)[/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=red][COLOR=Black]Co-op Bank Visa[/COLOR] Settled after LBA (only £61 but hey ho, every penny counts) [/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=#00bfff] [/COLOR][/SIZE][/FONT]

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7 threads merged - please do not start separate threads for each question on the claim.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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