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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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Big Fight With NAT WEST ***WON***


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I believe you said it was sent 'without prejudice'. My understanding of 'without prejudice' means that you cannot volunteer it to the judge, although he can ask to see it.

 

Therefore, you should not send it to the court. I would assume they would not allow it to go into the file anyway, so the judge cannot see it.

 

I'd be interested to know from one of the legal members on here if I am correct. If so, it is something we should all be aware of.

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Just found this definition of 'without prejudice':

 

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.

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Thanks for that martinpar, nice bit of research you've done there on my behalf. I will send a copy of letter to Cobbetts only and see what sort of response I get from that. Surely I'm nearing the end now?? :confused::rolleyes:

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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...I'd be interested to know from one of the legal members on here if I am correct. If so, it is something we should all be aware of.

 

You are. These papers could be shown to a Judge after a decision has been reached, but certainly not before.

 

Never put this phrase on your own letters though, there really is no need.

..

.

 

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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So jonni, would you say that my letter is OK then??

 

Also, how is it you work out the daily interest rate? Its Monday morning and my brains not working!!:o

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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Letter is fine.

 

Daily rate of interest is the charges total x 0.00022

 

As an example only, £3000 worth of charges would be

 

3000 x 0.00022 = 66

 

This would mean 66p per day until settlement or Judgment

..

.

 

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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Cheers jonni, sorry for seeming a bit think but like I said it is Monday morning and my hangover isn't helping matters!! :oops:

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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Guest screwloose

I wouldn't worry about it deller, my brain wont work all week, let alone just on Monday's!! :o

 

Heavy night on a Sunday........NUTTER!!!

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Hows this for a bit of confusion, I got home from work this evening to find another AQ in the post, I really don't understand this. My claim was filed with MCOL and once Cobbetts returned their defence my case was transferred to Bristol County Court. I was notified of this by Northampton Bulk centre along with my first AQ form, which was due to be returned to Bristol CC by 22nd November. I have completed this AQ and returned to the court via recorded delivery and it was delivered on Fri 10th, now I've received a second copy from Bristol CC stating it must be returned by 30th Nov. Firstly do I need to fill out the form again? Secondly does this now mean Cobbetts will have an extra 8 days to return their AQ?

 

Its probably confusion on the courts part, after all they are a little snowed under at the moment, but I don't really want to be giving Cobbetts another 8 days, they've had long enough to pay up as it is.

 

Has anything like this happened to anyone else? What should I do?.......if anything? :confused:

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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Just confusion. There is no reason why a second would be issued in normal circumstances - perhaps best just to clarify that the court have received your AQ....

..

.

 

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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Hi, I am reading thru all your help and replies to each other with regard to Natwest. I will be starting a claim to them in near future. Hope your claim is sorted and quickly. Will watch and keep everything crossed for you!:D:rolleyes::p What a great site.

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Welcome to the CAG site mistatum, isn't it just fabulous, such great people and wonderful advice.

 

Once you start your claim it would probably be a good idea to start your own thread, that way you can use it as your journal where you can post your progress, questions and any problems you may incure along the way. It also makes it a lot easier to interact with other CAG members and you'll find it a lot easier to keep tabs on your position with regards to your claim.

 

Once again a big welcome and very good luck to you with your claim!! ;):razz:;)

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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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Hows this for a bit of confusion, I got home from work this evening to find another AQ in the post, I really don't understand this. My claim was filed with MCOL and once Cobbetts returned their defence my case was transferred to Bristol County Court. I was notified of this by Northampton Bulk centre along with my first AQ form, which was due to be returned to Bristol CC by 22nd November. I have completed this AQ and returned to the court via recorded delivery and it was delivered on Fri 10th, now I've received a second copy from Bristol CC stating it must be returned by 30th Nov. Firstly do I need to fill out the form again? Secondly does this now mean Cobbetts will have an extra 8 days to return their AQ?

 

Its probably confusion on the courts part, after all they are a little snowed under at the moment, but I don't really want to be giving Cobbetts another 8 days, they've had long enough to pay up as it is.

 

Has anything like this happened to anyone else? What should I do?.......if anything? :confused:

 

 

Just phoned Bristol County Court to try and sort out the mix up of receiving a second AQ, was told that my first one was received on 10th and that I should just ignore the second one.

 

I queried the dates, as one was due back 22nd and the second due back 30th, and was told that because they were a bigger court they allowed a longer period.....that really makes sense....not!! You'd think a bigger court would be more efficient!! :|

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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Guest screwloose
Hi, I am reading thru all your help and replies to each other with regard to NatWest. I will be starting a claim to them in near future. Hope your claim is sorted and quickly. Will watch and keep everything crossed for you!:D:rolleyes::p What a great site.

 

Fabulous site aint it!!

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Guest Scarletrose

is this date the crt hearing date?

 

i hope they settle before that for you deller you could start fixing up the nursery or have u already done that.

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Nursery is almost finished Scarlet, just need my money for a bit more furniture!!:-|

 

The dates I was referring to were the deadlines for returning the AQ form.;)

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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Just checked my bank online and the AQ cheque has been cashed, so that's another 100 quid going on my claim!! :razz:

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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I do hope the posty brings me a Cheque on Saturday......hey Ally!!

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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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Guest Scarletrose

i'll keep my fingers crossed for you!!!!

 

just left a post for you on 20 questions thingy, basically saying that i hope you didnt eat wot was in the cats dish before you fell asleep, and i dont believe that rotten beer scooter left you like that

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No - but I don't know of anyone who has been paid into an account.

 

I don't care how I get it so long as its soon!!:D

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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All good things come to those who wait!!;)

 

.................and wait!! :rolleyes:

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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