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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
      • 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
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Moss v Yorkshire Bank ***WON***


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I have just rang the court again as it's now 13 days past the court order deadline and my file still hasn't been in front of the judge. :x

The lady in the listings dept said she didn't know where my file was and that she could see on the screen that it was overdue to be sent before the judge. Now i am worried that they have lost my file again!!! :-|

Any way she is going to ring me later today with an update.

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Now i am vexed,:-x the court have just phoned me to tell me they've had a search but cant find my file, they said to ring back tomorrow and they will try and resolve the matter, what ever that means!!!

It's bad enough with YB making things awkward, but what happens if my file is lost at this stage ? i have copies of my paper work (about 250 pages) but theres YB's and the courts papers. I hope i don't have to start again.

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I can't believe you're in this situation yet again moss :x I hope that the file is found as you really don't deserve this cr@p.

 

Sarah.

  • Haha 1

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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Well panic over :) I have just rang the court and they have found my file, They say it will be before the judge today so things are moving again. Why do you have to chase every body to get anything done.

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Well, i have had a letter from the court this morning saying that YB's defence has been struck out and i have permission to enter judgement.

I have just rang the court but the switchboard said they are on strike so i couldn't get through. I will write a letter to request judgement and post it latter.

Looks like I'm nearly there Folks !!! :-D :-D

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Fantastic news Moss. Well done.:D

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.

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I have just rang the court again and managed to get through. I asked the woman (who was in pre-judgement dept) how long they would give YB to pay up and she said that "if after a reasonable time they hadn't paid i could send in the bailiffs" so i said couldn't the court order that they pay within 7 days and she said that they just require that "they pay within a reasonable time". so can i request that YB are ordered to pay within a specified time and would 7 days be reasonable ?

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So did they agree that the 7 days was reasonable? :rolleyes: Or are you allowed to send in the bailiffs? :D

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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If you get to send the bailiffs in I'll make an iced cake and bring it up to watch them go in haha :p

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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Moss

Did YB make you any offers to settle once you started court prceedings i have read your thread but i cannot see any mention of an offer.

 

Concratulations please let me know when your sending the baliffs in. That would be more entertaining than watching Eastenders.

Thanks lillboy

 

 

 

Bogus Charges £499.00 LBA 1/06/06

Refund of £299.00 now sent Data Protection Act:)

 

GE Capital NEXT

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I sent my prelim on 09/11/06,

LBA on 13/11/06, i got the usual replies to both

N1 submitted at Derby court on 29/11/06, deemed to be served on 07/12/06

YB filed acknowledgment on 07/12/06

Copy of defence received on 30/12/06,

Offer of £1,611.00 received on 06/01/07 and rejected

AQ submitted with the new draft directions on 24/01/07, copy sent to YB on 22nd

Offer of £3.261.00 received on 26/01/07 full amount but no interest so rejected

on 14/02/07 Judge D D Douce agreed to the draft directions except for section (d) and allowed 28 days for compliance by me and a further 28 days for YB

I haven't heard anything from YB since the last offer

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So much for YB saying they don't think the courts will allow the interest because it's our fault for breaching our contracts!

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.

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  • 2 weeks later...

I have just rang the court and today i have been awarded judgement for the full amount to be paid forthwith, :) so we will see what transpires next week.

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I'm still watching lol :D Fingers and toes crossed that you'll be posting great news next week Moss

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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Today i have had a letter from C/B legal services. They are asking for me to consent to them making an application for the judgement to be set aside.

 

They said "Judgement in default came to be entered because the bank was not in receipt of the documentation that the judge ordered on 30th April 2007, therefore the bank could not comply with the order."

 

How should i reply to this ? Obviously i don't want a set aside, they have had months to deal with my claim, they ignored the court order to submit a court bundle, my hearing date was 11th May which was vacated so now i don't have a hearing and if they get a set aside they can go back to messing me about. :mad: :mad: :mad:

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I have a feeling that the judge is likely to be less than impressed by this blatant disregard of the court order. They have applied for set asides every time there has been a default judgment, but this is the first I know of where the default has been as a result of the court order.

 

I have your email address so I think we should keep advice private for now.

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.

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Moss it looks like i am slightly behind your case would you mind if i quoted your case Number and Court location in a letter i am going to compile to send to the judge in order to highlight the YB abuse of the courts system.

 

The expiry for Yb directions is on wednesday 23rd June i would like to take the letter in to court on thursday so that once the case is file is put before the judge it can be included.

Thanks lillboy

 

 

 

Bogus Charges £499.00 LBA 1/06/06

Refund of £299.00 now sent Data Protection Act:)

 

GE Capital NEXT

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