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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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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twinkle v Barclays ***SETTLED IN FULL***


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Nice 1 Twinkle.

 

Another result for the consumer

hooray!!!!:D

Story So Far:

Pre letter sent 14th August.

Barclays Reply 18th August.

Barclays Reply 5th Sept.

Lba sent 30th August.

Rejection letter sent 9th Sept.

Barclays reply 13th Sept.

Mcol submitted 15/09/2006.

AQ received 21/10/2006.

AQ returned 23 /10/2006.

Court Date:25/01/07 10.30am

Phoned Barclays 08/01/07 Said they would contact me shortly.

15/01/07 Received letter offering a full settlement however figure was short.

22/01/07 Received telephone call from Barclays asking for a settlement figure.

CLAIM SETTLED IN FULL!!!!!!!!!

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WELL DONE TO TWINKLE :D

You won the race then, think I might go into a corner & sulk :p

OK, done that - now what :D .

Guess I'll have to wait for the postman next week :)

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Twinkle Twinkle you are a Star !!

 

 

Well done - let us know when you actually get your money. I m sure these bloodsuckers will still put in some more delay if they can.

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Good Morning everyone!

 

Here's the good news!

 

Received a letter this morning from Mr KJ with my claim settled in full with no confidentiality clause (didn't agree to this when I wrote to them) :D

All I have to do now is sign and return the letter and wait for the money to be credited to my account. Result!!

 

Huge THANK YOU to everyone for their support!

 

Keep going! You will win!

 

twinkle :D

 

 

:) :) :) many, many congratulations!!!!

I am also pursuing Barclays and returned my AQ to St Helens County Court on 04.09.06, haven't heard anything yet and was getting a little concerned.... reading your thread has given me more confidence.....WELL DONE!!

I might need to pick your brains in the near future if you don't mind??

 

J

halifax: Data Protection Act sent 05.05.06

40 days up: 14.06.06 - no info received

sent lba 09.06.06 telling them they have 7 days (21.06.06) to comply

sent prelim letter, 22.06.06 - £4340.00!!

03.07.06 - offered £565 from Halifax

SENT LBA - 7TH JULY 2006

FILE MONEYCLAIM - 21.07.06!!

4.08.06 - ****** SETTLED IN FULL *******

 

Barclays: sent Data Protection Act 31.05.06

received some info 09.06.06, missing 3 years worth of statements- rang them, they now have 25 days to comply

sent prelim letter, 23.06.06 - £2520!!

SENT LBA - 11TH JULY 2006

20.07.06 - OFFER RECEIVED £900..... No Thanks!!

FILE MONEYCLAIM - 24.07.06

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hi twinkle did you win? I hope you did.

i have just been offered half the money from barclays and am wondering to take them to court or not. how stressfull has this been? i am leaving me job to start up my own business so need the money (hwo doesnt!) but dont need the stress.

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Congratulations Twinkle!! :D

 

Your win means that everybody who is waiting moves up a place. My stay will be lifted in early Oct. All I have to do then is wait for a court date.:p

 

Rivka Jacobs, take them to court! No ifs, no buts, do it and you will win eventually. To be successful in business means you have to be determined to win no matter how stressful it may be. If you cave in to the bank at the start of your business then you may not be stong enough. Read "Rich Dad, Poor Dad" by Robert Kiyosaki. He knows how to be successful in business.

 

If nobody accepts less than 100% then it will send a clear message to the banks how determined we all are. If one of us buckles and lets them keep some of our money, it damages our image and they will continue to employ their seedy delaying tactics to find the breaking point.8)

 

 

Twinkle, You didn't let the Fatherless Chillen get ya! Well Done!!!:D:D:D

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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hi Mrgreengenes

thanks you are right. i find this all a bit confusing. they have sent me a letter saying that they will give £920 which is about half, i have not sent them the letter saying that i will take them to court. do i do that now. and also I think i got the interest bit wrong on the first letter. will that matter in court?fanx for your help and support.

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Rivka Jacobs, please start a new thread. You are actually hijacking Twinkle's thread. You will receive more help there as other members and moderators will always look for new threads to help out. Also it will be easier for other members to find you at a later date. I'll look for you there.8)

 

Don't worry though we all have to start somewhere.:wink:

 

 

Don't let the fatherless chillen get ya!:grin:

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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Congratulations Twinkle,

 

Ive only read this file in full today and i admire your resolve. Am I right in thinking this is the case (williams Vs. Barclays ) which the courts have used as an excuse for a stay on all other bank charge cases in cardiff ? .Whilst I am sure the circuit Judge who allocated the case felt he was doing the right thing, he should have swotted up on the BAG to realise that Barclays were always going to fold. Cant some thing be done against Barclays to slap their wrists for wasting the Courts Time (& every one elses).?

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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  • 3 weeks later...

Congrats Twinkle, that's finally excellent news :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. 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 2019-03-08.

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

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