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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.

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      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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Cobbetts Defence Received...Help/Advice/Translation Required PLEASE!


Steveo28
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Hope you get this sorted quickly Steve ....... giving you a bump to try and help :0)

NatWest

 

Statements sent for - 18/09/06

Statements received (in full!) - 03/10/06

Initial letter of claim sent - 05/10/06

Offer received for £1,400 approx - 21/10/06

LBA sent with acceptance of offer as part, will pursue for the rest - 21/10/06

Reply to LBA received (forwarding to Cust. Rel to deal with) - 25/10/06

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Do you think seeing as though I am at the point of attending court it is too late to finally correspond with Cobbetts and acknowledge their defence and supply more detailed info or just await a court date? Don't want to give them the impression that I a bricking it....

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The very first reply in this thread was right - this is their standard defence which they have copied and pasted from the others they have submitted.

 

There is no need to respond to, or acknowledge their defence.

 

I don't know what "request" you think you have to respond to as you don't appear to have documented it here but if it is a Part 18 request it is not relevant to Small Claims so just ignore it.

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

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Reading that load of Male Bovine Excrement that Cobbetts supplied you with, it seems that all they're asking for is that you clarification as to the basis of your case. They appear to have done this in the most confusing and intimidating way possible.

 

Cobbett's know the basis of your claim fullwell. They are representing the RBS Group in several of these cases (Natwest is part of RBS!) and are either trying to intimidate you, or delay the inevitable payment. I doubt very much if your case will get to a court hearing.

 

Do NOT loose your nerve at this late stage!

 

Best of luck!

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Steveo28.. I don't happen to know you do I??

 

Just a thought that's all. I'm just going through the same process in Hereford. Not had the letter from Cobbetts yet but I'm guessing it's just a matter of time.

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oh no they haven't - I received one today! am reading this thread with interest.

 

Bump.

:eek: Gettin'evil

Got a question? - see if the answer is in the FAQs before you post!!

Subject Access Request sent 20 June

£10 cheque cashed 6 July

16 July - Statements received

£1024.07 prelim let sent special del 26/07/06

Reply from S Higley 31/07/06 (how fast was that):D

02/08/06 LBA sent to Bishopsgate with proof of delivery from PO

Acknowledgement let dated 7Aug from S Higley

Moneyclaim issued 6.09.06 £1433.94 :cool:

Acknowledgement of service rec'd by MCOL

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*BUMP*

 

I filed a moneyclaim against Natwest 2 weeks ago so I guess I should be expecting their standard letter some day soon. I can't believe they are willing to pay Cobbetts rather than pay out, it must cost them so much more! I suppose lette from a solicitor does scare some people off. I never had anything like this with the Halifax. Will definitely be keeping track of your progress. Good Luck!

Halifax Preliminary Request £1125 9/8/06

Standard reply received 17/8/06

LBA sent 26/8/06

Moneyclaim filed 22/9/06

Moneyclaim acknowledged 27/9/06

Paid in Full 8/10/06

 

NatWest 9/8/06

Standard Reply 21/8/06

LBA Sent 26/8/06

Moneyclaim filed 22/9/06

Moneyclaim Acknowledged 27/9/06

Response to CPR18 Additional request 1/11/06

Allocation questionnaire filed 17/11/06 (Cobbetts filed theirs 16/11/06)

50% offer Declined 6/12/06

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