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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
      • 162 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

Reasonable Costs


Spiceskull
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When submitting an application to court, the request includes the full refund plus interest, interest at 8%APR and costs. Apart from the court fee and the DPA request fee, what else is considered acceptable?

 

  • Reasonable travel expenses to and from court (return bus/train fare)
  • Token submission of time spent preparing claim (say 3-5 hrs @ £8ph)
  • Reasonable stationery costs in preparing claim (£5-10 for ring binders, paper, dividers etc)

Would any/all of these be classed as reasonable by the judge? I wouldn't want to be seen as profiteering, but today I spent £6 on the stationery element, and this is something I would not purchase at any other time.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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A few years ago a water company sued me in the small claims court for monies I disputed I owed.

I won, and as a litigant in person I asked the Judge if I could recover my costs in defending the claim.

He ordered the plaintiff to pay my travelling costs, car parking fees, and an amount equivalent to half a days earnings.

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So it is really down to the judge to decide what/if costs you can recover. Did you need to demonstrate what the cost of these things were (receipts, payslips etc)?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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£500 would not be considered reasonable. Besides, if you make your claim to your local branch then it is up to the bank to attend locally, from the local branch. Anyway, reading around this forum do you honestly think the bank is going to attend court to defend the claim?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Costs such as paper etc are not worth claiming. What I do is a nominal claim of £100 for general damages and £50-£100 for 'out of pocket' expenses. You can claim for travel to and from a hear, either submit your fare ticket or if by car submit a claim for x miles as x rate - I think its still 30p per mile.

 

If you tray and break down stationary costs etc you give the otherside a chance to demand receipt etc. Better just to assess what out of pocket expenses you have had, round it up 'a bit' and add it on.

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The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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So, is there no chance of claiming even a modest amount for your time spent chasing the bank for your money, preparing the court case etc?

 

What if (as in my case) you aren't actually the claimant but are acting on behalf of someone else. Where my daughter is concerned, of course I'm happy do the work for nothing, but at first sight it does seem a bit unfair that the bank won't have to pay anything at all for all the time I'll have spent on it.

 

But maybe that's just the way it is with Small Claims. If you could claim for your own time it would be no different in principle to claiming for your lawyers time, and you'd have to accept that the defendant could claim the same if he won. Then it all starts getting a bit risky, and claimants would be put off using the system.

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Costs such as paper etc are not worth claiming. What I do is a nominal claim of £100 for general damages and £50-£100 for 'out of pocket' expenses.

So if what you claim would be considered 'reasonable' to all and sundry, then it is fair to put it through. That is comforting, because it would be fair to assume that by the time most people get to the steps of the court, they are going to be out of pocket by about £50-£100. And obviously if you have the receipts then all the better. Thanks Maxie.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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