Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6241 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This seems very early Sidney. It's usually only 14 days before the hearing that the court bundle is needed. What exactly does the notice say?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • Replies 50
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The following Directions apply to this claim:

 

6) Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 4pm on Thursday , 8th February 2007.

 

 

 

 

Should i phone the court to double check?

 

Thanks Sid

Link to post
Share on other sites

  • 3 weeks later...

Just about completed my bundle only a copy of the statements to do, looks like i am going to need another ink cartridge, used a full one already.

 

Do you think i will be able to add £60 to claim for cartridges,or is that been greedy:)

Link to post
Share on other sites

You can't legitimately claim costs if it's a small claim unfortunately.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 3 weeks later...

Delivered my court docs before the dead line Feb 8th, also sent a copy to the bank as i was instructed to do this by the court.

 

But i have not received a copy of theirs.

 

Is this normal or does it suggest they have no intention of going to court

Link to post
Share on other sites

So yet again YB ignore a court order. Situation normal, and yes it implies they have no intention of going to court. I would be inclined to phone the court and let them know that you haven't had YB's bundle as instructed and ask what your options are. I think you can file something to say they haven't complied with the court and apply to get their defence struck out so you win by default. Not 100% sure of the process but something along those lines I think. The court will advise you.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Hi to all, good luck sidney I am just like you, I didnt have a clue and got some real good advice from this site, I got my court date about 5 weeks ago its the 26th March in Cardiff, can anybody tell me am I right to sit and wait till the date or should I be doing something I will be really grateful for any advice and thank you in advance xx

Link to post
Share on other sites

I got my court date about 5 weeks ago its the 26th March in Cardiff, can anybody tell me am I right to sit and wait till the date or should I be doing something I will be really grateful for any advice and thank you in advance xx

 

Have you got your court bundle ready yet? Probably won't need it but..... best be ready.

:)RBS - Settled in full -3k
Link to post
Share on other sites

I'm not sure what you have already taken, but it's the court bundle in the templates library. There is a list of what you need to take. If you have already done that you just need to get yourself well versed on why you think the charges are unfair, just read read read! Any questions you are asking yourself will probably be answered in the FAQ's... But hopefully you'll get a settlement before 26th.

:)RBS - Settled in full -3k
Link to post
Share on other sites

Phoned the court, they informed me that Yorkshire have not submitted any court docs and they have basically got up until the hearing date.I asked if the case be struck out by default but they said no. Looks like i will just have to be patient and hope they pay up sooner rather than later. but i get this feeling that they will riggle out of it as the OFT are looking into these charges in april, it would be just my look.

Link to post
Share on other sites

I think you will be OK Sidney. Make sure you hold out for the full amount including interest up to the date of settlement, not the date of your claim, which is what they are likely to offer.

 

I am sure the OFT report will not impact on your case at all and YB will be more keen to avoid going to court, than worry about the OFT report at this stage in the proceedings.

 

It's a game of chicken now to see who can stand firm for the longest time.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 1 month later...

Recieved an offer 31/3/2007.The offer does not include interest and have deducted any charges i am claiming for prior to Nov 2000, they have offered the £220 court costs.

 

 

I will reject the offer and hold out for the full amount, do we all agree?

Link to post
Share on other sites

I will reject the offer and hold out for the full amount, do we all agree?

 

You betcha!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 2 weeks later...

Well court looms! Monday 16th april ,i am not yet prepared to do battle.As of yet i have NOT recievied a settlement for the FULL offer. Any advice welcome?

 

Thanks Sid

Link to post
Share on other sites

You have you submitted your court bundle, but have you had one from YB? (I'll be amazed if you had one from them). I'm not too clear whether you included the draft directions with your AQ though. Unless the bank have managed to overlook your court date I still wouldn't be surprised if you got a cheque by Monday.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Good morning Caro and what a beautiful day, I did include the draft directions and you were right they did not submit a court bundle.

 

At work at the moment but i have had a message that there is a letter at the Post Office for me to sign for, fingers crossed.

 

Happy Days

 

p.s If it is what i think it is my donation is on its way.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...