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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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Issued Court Claim Form


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I have now issued my Court Claim against Birmingham Midshires, and it is deemed as served today.

One thing the Court did say was that I need an alternative address for Birmingham Midshires if judgement is made, as this cannot be sent to a PO Box address which is what's on all their correspondence.

Does anyone know or have an alternative postal address please?

BM havent even replied to my original letter asking for refund of charges, they did ring up to say they will deal with it in normal complaints way - ie 6-8 weeks, told them my letter was clear and if no response in 14 days would issue - which i have done.

So now it's a waiting game 14 days for Ack of Service, they'll say they are defending, then another 28 days to lodge defence or refund me.

Let's see how they deal with it.

C x

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  • 3 weeks later...

Just to update you all, they (as expected) lodged Acknowledgement of Service, on the last day saying they were going to Defend. They have now put their address for service as the Halifax head office in Leeds.

So their 28 days to lodge defence from date of service is Tuesday 9th August (next week) and to date I have not heard a thing from them offering any kind of settlement - is this just a scare tactic they are using on me, as I must admit am getting a little nervous now am getting nearer to the deadline. Am wondering if I am going to have to request judgement or if they will lodge a defence? Anyone successfully got money back from BM that could tell me how they operate?

 

Thanks

 

Claire x

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Hello Claire,

 

Good luck with this.

 

I also have a potential claim against BM for arrears charges.

 

How did you decide what is a reasonable charge or what was fair? Or have you just gone for the lot?

 

Regards,

 

Tony.

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Tony,

sorry for the delay not been on my computer. I obtained by statements vis SAR. I went through them and did a schedule of the costs showing as "assess fees". These were normally £35, £40, £50 pound charges. The ones showing as capitalisation arent charges.

I am pleased to report I have won my claim against BM and they paid me £2910 on Monday :) I had issued Court Claim and they did lodge acknolwedgement of service saying they would defend. They then contacted me 4 days before the deadline asking me would I settle and going through the figures. We agreed via email correspondence the amount, and they confirmed settlement. They wanted to fob me off by saying it would take 10 working days to pay, however I said if they wanted me to lodge the documents at Court to say they have settled prior to the deadline I would want receipt of the money. A cheque arrived yesterday which was the last day. Just waiting for it to clear.

 

Good luck with your claim, if I can help at all, get in touch.

Claire

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Wow!

 

Many congratulations. I bet you're delighted. Your success will certainly spur me on!

 

Just one other question, did any part of the sum you claimed include any legal expenses incurred by BM when you when in arrears?

 

Regards,

 

Tony.

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  • 3 weeks later...

Another great success!

 

Well done, Claire, this will encourage others in taking action. The simple fact is that mortgage charges of £30 - £60 are ridiculously high, totally disproportionate to what the company's true costs are and unlawful to boot. The mortgage companies know this and will not defend claims of this type!

 

BAE :-D

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