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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
      • 160 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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I'm So Scared!!!***WON***


amelia
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hi amelia,

Sounds like the nonsense I received from them.

I opted not to respond unless the judge actually requested it, after all, he is the one whom you listen to, not them, the scaremongerers:mad:

Up to you honey what you decide to do, but I didn't fall for these tactics and I still won.

I'd wait n'see, if the judge requests that you 'extend your POC' feel free to pm me as I have a tried and tested template (from westy) that you are more than happy to use and adapt where necessary.

 

Let me know how you get on.

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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thanks muggins!! can i just ask the letter I got from cobbetts didnt say what it was it just said defence at the top and which court it was at, also just telling me that a copy had gone to court then it went into all the stuff i said above so is it a cpr18 request cos you said in your thread you didnt get 1 but got nearly the same letters as me?? should I just go on a do an AQs aswell and send it off so its done? cheers..

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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This sound as if it's just their defence. A Part 18 request is separate and specifically headed as such

 

should I just go on a do an AQs aswell and send it off so its done?

 

See here:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

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thanks Michael I think I will not bothering replying to letter I received however they do ask to acknowledge receipt but i suppose I don't have to, think I will just wait to see what I get from court!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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thanks Michael I think I will not bothering replying to letter I received however they do ask to acknowledge receipt but i suppose I don't have to, think I will just wait to see what I get from court!!

hi Amelia

 

i would write to them to acknowledge you have recieved their defence as it will look better for you when you get to the latter stages of the case.It doesnt cost to much to do everything that is asked of you within reason if youre not sure check on here

 

regards Scott

 

Good Luck

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thanks muggins!! can i just ask the letter I got from cobbetts didnt say what it was it just said defence at the top and which court it was at, also just telling me that a copy had gone to court then it went into all the stuff i said above so is it a cpr18 request cos you said in your thread you didnt get 1 but got nearly the same letters as me?? should I just go on a do an AQs aswell and send it off so its done? cheers..

 

No, no do not go ahead and file an AQ until the court instructs you to do so.

 

Simply send Cobblers a two sentenced letter acknowledging that you have received a copy of their defence as it is only polite.

 

The court will also send you a copy of their defence with a Notice that a Defence Has Been Filed along with an Allocation Questionnaire and or an order to further particularise/ extend your claim. They will advise you when you have to complete it by and where to send it and what fee to pay.

 

Regardless of whether or not Natwest make you an offer, the court will then issue you with a Notice of Allocation to the Small Claims Track (Hearing) this will advise you when to send in your supporting evidence or court bundle.

 

Hold off doing anything until you hear back from the court. Until then by all means download the template onto word and get it ready for when you need it.:D

  • Haha 1

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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oh my god thankyou so much for all the help I am trying to get ahead of myself aren't I lol!! Right I will just wait for the courts to get in touch then I will be back on here with the jitters not knowing which way to turn however I know you guys are here for me which I am very grateful for!!:)

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Don't mention it;)

 

I get a kick out of truely helping people. So as long as that's what people, like your good self, think I am doing then you job done:)

 

Post as soon as you get the jiters I'll be more than happy to put you straight!!!!!

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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  • 2 weeks later...

hi guys!! just a quick update natwest put a defence in like a said in another post however I have still have nothing from the court, not a Allocation Questionaire or anything and its been over 2 weeks from the date on the letter which was the 16th march however i didnt receive it untill the 30th march, and thats taking in to account the weekends and easter hols!! shud I be worried cos can they strike it out for not putting in allocation questioaire even though I have only received a cobbetts defence letter. I have heard that our local court has got a back log but am worried now! what do u ppl think? I will give the court a ring tomorrow just to see whats happening aswell:eek: :(

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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I have looked through all the letters I have received from court and cobbetts and I did receive a letter from the courts saying that a NOTICE THAT ACKNOWLEDGEMENT OF SERVICE HAS BEEN FILED however I didn't get an AQ in with it and thats the last letter I have had from the court!!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Hey after your acknowledgment, you will get a opy of thier defence, this takes 28 days, so don't panic.

NW (NO 1) ACC

REC'D FULL SETTLEMENT 5/01/07 :)

 

NW (NO2) ACC

REC'D FULL SETTLEMENT 28/12/06 :lol:

 

NW (JOINT) ACC

MCOL STAGE AS WE SPEAK :-|

Court date 23rd May(bring it on!!!!)

Paid up 3 wks before court date - all done & dusted ( for now lol)

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  • 2 weeks later...

hi guys! I received my A&Q from the court a couple of days ago with natwests defence attached to it, I have until the 3rd of may to return my A&Q, if the court wanted any other info would they ask for it in this letter?? and I just had a thought I didnt send a letter to cobbetts to say I had received their defence however is that just polite to do so as I toatally forgot about that!!! should I still send a letter to them or is it too late now?

I dont need any court bundles or supporting evidence yet thats when you get a court date isnt it?

oh well I will get this A&Q filled in and get it sent back to court!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Hi amelia

You are correct, if the judge wants further info then the court will advise you.

As for acknowledging Cobbetts defence, it is only polite and is by no means compulsory, so don't worry.

Get you AQ in as soon as you can. The link below is for help if you need it.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

Good luck and try not to worry. You are alomost there and should be able to see the nice money coloured light at the end of the tunnel very soon;)

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Hiya

 

Fill in your AQ, i sent a copy to Cobbets aswell, as well as keeping a copy for myself, just for reference. After the AQ date, you should then receive a court date......if you haven't already been paid out!!!!!!

 

Good Luck

 

Andrea

NW (NO 1) ACC

REC'D FULL SETTLEMENT 5/01/07 :)

 

NW (NO2) ACC

REC'D FULL SETTLEMENT 28/12/06 :lol:

 

NW (JOINT) ACC

MCOL STAGE AS WE SPEAK :-|

Court date 23rd May(bring it on!!!!)

Paid up 3 wks before court date - all done & dusted ( for now lol)

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right guys stuck again lol

In the A&Q in section G what do I write? I have read about filling in the A&Q but I still not sure what goes in or what to write or do I just put "that this should take no longer than 1hr" !! Also have I got to do a draft order or is that just optional because I didnt understand about that either!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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In regards to the AQ

 

See here:

 

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Hope this helps!! :wink:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hiya

 

Its as Dellar Says just fill in the ticks etc, and then (i wrote it in) the long verse in the other info bit of the form. Remember to keep copies of everything for yourself, and send a copy of it all to Cobbets aswell, just to show them you mean business !!

 

Good Luck

Andrea

NW (NO 1) ACC

REC'D FULL SETTLEMENT 5/01/07 :)

 

NW (NO2) ACC

REC'D FULL SETTLEMENT 28/12/06 :lol:

 

NW (JOINT) ACC

MCOL STAGE AS WE SPEAK :-|

Court date 23rd May(bring it on!!!!)

Paid up 3 wks before court date - all done & dusted ( for now lol)

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Hi guys!! just thought I would let you know I WON!!!

i received I cheque this morning for the whole £2907!! so straight to the bank on monday morning however it did have the same cobbetts crap in about how they still thought they would win and that I should agree not to disclose to any third partys!!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Please PM a Mod with details of your settlement for the Litigation Concluded forum

 

Congratulations. Enjoy the dosh!!!

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Amelia, CONGRATULATIONS action-smiley-033.gifaction-smiley-033.gif and you just thought you would let us know;) . Brilliant and enjoy your win. You are a real trooper. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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hee hee parkvale!! i know what am I like I think its cos I just calmed down as I been jumping all over since the poor postman came!! dont need to wait for him anymore I am sure the postman thinks I got the hots for him bless him!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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:p

BRILLIANT BRILLIANT BRILLIANT. WELL DONE AMELIA FOR HOLDING YOUR NERVE WHEN YOU REALLY FELT LIKE CAVING IN. A TESTAMENT TO YOUR INNER STRENGTH I THINK. WELL DONE, SEE YOU ARE STRONGER THAN YOU GIVE YOURSELF CREDIT FOR. BRILLIANT, IM CHUFFED AS FRILLY PANTS FOR YA. GO GIRL. XXXXXXXX FENDY XXXXXXXX

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