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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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vs BOS - Help please! **WON**


Setrice
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Hello everyone,

 

Thought it was time I made my first post - the story so far.............

 

Prelim approach sent 4/09/2006. Usual reply - 'sorry you are unhappy, we'll get back to you in 5 days' - they never did.

 

LBA sent 25/09/2006. Collected small claims forms from sheriff court but could do with some advise to the following.................

 

Q1 - Bank a/c in joint names with wife. She has signed all letters so far to the bank so must it be joint names for court forms?

 

Q2 - Been asking bank in letters for repayment of 6 years worth of charges. Have now realised its only 5 years (scottish law). Will amend court papers accordingly but could this let bank 'off' on a technicality?

 

Q3 - Maximum small claim in scottish court = £750 (which means I've got to do this more than once). My problem is this - do I send details from previous letters up to value of £750 and then allow court interest (8%) to break this maximum value or do I have to ensure value is low enough under £750 to allow me to gain court interest?

 

Q4 - Could someone help me to correctly script 'details of claim' on page 2 of sheriff court forms?

 

Come this far - getting a little nervous so I don't want to mess it all up now!

Any help would be very much appreciated.

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Hi Setrice,

 

Not sure about Q1. Q2 just go back the 5 years. Bank will not be let off!

Q3 claim for the full 750. interest and your court fee are extra.

I'll get back to you on the wording issue.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Q4. Go to 'Forums'----Guidance Notes---Scottish Procedure.

 

Hope this helps.

They just payed my claim in full, so you will get your money.

  • Confused 1
Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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you could bring the case in England, as HBos have a HQ in England. but if it goes to court then you'll have to go to England.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Thanks for your help maroondevo52. Went to sheriff court on 11/10/06 and handed in papers. Was complimented on how well they were scripted.

 

On the same day, received letter from bank saying they were 'sorry' they hadn't got back to me but they promised they would 'respond to my complaint no later than 3rd November'...... ? A bit late I think.

 

Received letter from court today - Return date - 14/11/2006, Hearing date 21/11/2006. I wonder how long it takes the bank to respond to that?

 

I await with baited breath.............

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Setrice,

 

They got back to me on the day before the return date with full settlement plus interest plus £39 court fee.

 

Best wishes.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Got a letter from bank a couple of days ago offering me £708.00 as full and final settlement to my complaint. But this is from their complaints dept. as an offer for my total complaint and not the part claim which is currently at sheriff court. Obviously I won't accept but should I :

a.) Sent them letter refusing offer, or

b.) Ignore letter as it is beyond 14 days of LBA.

 

More importantly should I inform sheriff court of offer. I'm not sure because it is not a response to court claim, it's a well overdue response to the total claim!

 

At least it looks like I'm on the slow road to victory......

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  • 3 weeks later...

Received letter from bank today paying my sheriff court claim in full.

Naturally the letter contained the usual rubbish of how they accept no liability and the cost of meeting me in court wouldn't be worth their effort.

Said they would put money in my bank within 5 days - so I checked and its already in there. HAPPY DAYS!!!!!!

 

I go to sheriff court tomorrow to hand in my claim for the second installment - a nice Xmas bonus..

 

Advice to everyone out there doubting.......keep going - you will get your money back!:D :D :D :D

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