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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
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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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brazza1970 v HSBC ***SETTLED IN FULL***


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I still have not recieved a form from HSBC with details of who to send my details of charges to,so should I just post them to D&G anyway or wait a while longer? My MCOL was acknowledged on 13/12.Also do I update my charges,any help appreciated..

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Well I have recived an offer of £2090.66,obviously I will not accept this as I am requesting £3227.63..This is from HSBC,so my question is do I send a letter rejecting this or wait & see what happens as they only have till Weds to defend my MCOL.

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go ahead and send the rejection of settlement offer (letter in library) tweaked to say you have already filed and it would now require xxxxx to settle your claim and halt it. that was from the bank - you are now dealing with dg

as for your acknowledgment - did you never get it?

check on mcol and see what it says - does it say acknowledged? if it does - they have 28 days in total form the service date - does that bring you up to this next wed? did you send dg a copy of your breakdown:

 

just went back and saw you sent your mcol on 8 dec. so, time's up almost - if they haven't acknowledged - you would be able to press for judgment now, i suspect they have acknowledged and you could try pressing wed. night at midnight but i suspect they will have defended by then - no harm trying , if it's not the right date - it won't let you push and if they've defended it won't let you either.

either way - nearly there - you'll be paying dad back that money you owe him soon.

 

did you send dg your breakdown? if you did, fine, if you didn't, wait now until it says defend on the mcol button - no use giving them warning if you could actually press the button against them on wed. but as soon as it says they've defended, send them a breakdown, if you haven't already. ok, all clear - i rambled on a bit there - (nothing new there, then). ok?????

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Thanks again Lateralus,could you let me know if this sounds ok,sorry to be a bit thick but want to get it right..

 

Dear Mr Langdale,

Thank you for you letter dated xxxxxx

I respectfully decline your offer of settlement and request,once again,that you return to me all charges imposed on this account.

As I have now filed a claim,it will take £xxxxx including interest and Court fee to settle this claim and halt the action.

Yours sincerely.

 

Your help is very much apprieciated.:D

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that's fine.

so, as you didn't receive the acknowledgment for whatever reason - did you send copies of your breakdown to the court and to dg.

if not - go ahead and send them now - referencing your claim no.

address for dg is in the contact details at the start of these threads, court one you can find on your service letter or on the webside - it's in nottingham.

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Thanks,I posted my charges to the court but not DG because I was waiting for their letter of acknowledgement.I have it ready for posting so will send rec del in the morning.I will print of my rejection letter & post that at the same time,fingers crossed.

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yes they will send you a copy of the defence and notice of transfer to your local court now. they will also send you an allocation questionnaire and a date for sending it back.

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You could phone them if you wanted to on Monday 15th Jan, if you haven't heard from them by then, saying that you'll have to get your AQ in the following week and you wondered if they wanted to settle first. If you didn't want to phone them you could just file your AQ and wait for them to make contact in due course.

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