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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.

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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.
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      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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So, are you prepared to go to court??


jengis
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Hi folks,

 

Phew....I've now probably read hundreds of posts since finding the site 4 or 5 days ago, been through all the FAQs and feel like I could now take on any bank!.

 

Just a thought.... as some of the moderators have said, you shouldn't do this unless you are prepared to go all the way, and I can imagine most people don't fancy having to go to court..... and that includes me. :eek:

 

Anyway, point to this post? - just to say that I popped along to Edinburgh Sheriff Court this week just to get a feel for it and I can honestly say my fears have disappeared.

 

I wandered up and sat in the public gallery (alone I might add!) and listened to several small claims - they don't last long and the claimant (us) didn't tend to have to say much as the defence has already been lodged so the Sheriff knows the reasons you are claiming.

 

Granted - these were not our type of cases (as none of the banks seem to get as far as court) however I just wanted to re-assure people that it seemed a relaxed atmosphere, very few people in the room, and it seemed more of a chat than a hearing.

 

In contrast, I popped into some of the criminal courts, much different, people in the public galleries observing, several lawyers, horsehair wigs etc and all very formal (read intimidating!)

 

So, small claims?... bring it on! :)

 

I hope this may allay some of your fears about court, and my advice would be to take a day off and go along yourself and get the feel for it - just incase.

 

Jengis

 

__________________

*If you find my posts informative, please click on the scales in the top right corner of the post.

 

RBS - 2 Current Accounts & 2 CC Accounts

20/09/06 - Data Protection Act request Sent

 

BOS - CC Account

20/09/06 - Data Protection Act request Sent

 

Egg Card

19/09/06 - Statement request email sent

20/09/06 - Reply "£5 will be taken from account"

  • Confused 1

*If you find my posts informative, please click on the scales in the top right corner of the post.

RBS - 2 Current Accounts & 2 CC Accounts

20/09/06 - DPA request Sent

BOS - CC Account

20/09/06 - DPA request Sent

Egg Card

19/09/06 - Statement request email sent

20/09/06 - Reply "£5 will be taken from account"

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Not yet Piggybank, I've only just sent my first Data Protection Act requests off, been reading the forum for several days now.

 

I like to make sure I have all the info I need before getting into things like this, hence the reason I went along to court, just to get the feel for it.

 

With all the info gained here, coupled with the visit to to court, I'm happy about the whole process now.

 

Incidentally, did you submit your claim at the front reception desk, or is there an office within the court building?

 

Jengis

 

PS: Let us know if you end up in court, I might pop along for moral support. :)

*If you find my posts informative, please click on the scales in the top right corner of the post.

RBS - 2 Current Accounts & 2 CC Accounts

20/09/06 - DPA request Sent

BOS - CC Account

20/09/06 - DPA request Sent

Egg Card

19/09/06 - Statement request email sent

20/09/06 - Reply "£5 will be taken from account"

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