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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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West v Lloyds ***WON***


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thanks adamski & reload

 

I've started the preparation but will have to really do some heavy duty time on it tomorrow. Feel totally unprepared and out of my league. This is O/H's action but I've driven it. Can I speak/represent him in Court ? He's gone along with this because I've done all the work and will be in Court ie prepared to do his bit, but he'd admit he'll be useless at speaking up.

 

Could it be that SCM are too slow responding ? We've been given a very quick date by Court. The Court initially screwed up the date ie they notified us on 17/08 that case was to be heard on 09/08. Then 'lost' the case. So this is a two week window ie court 2 weeks after notification.

 

I'm scared to death ...........

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two thoughts

 

What if O/H rings SCM tomorrow ? At least he'd find out if they're aware of Friday's court date, and if they are they obviously intend to defend.

 

Has anyone else actually got to Court ? Has the other side been there ? Was the case heard ?

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lancsman & reload

 

Thank you both very much. Last night I was thinking of bottling it.

 

Today, at work, with a coffee ..... it seems doable again.

 

Plan of action is ....

A) Get O/H to speak to SCM. Make out it's a courtesy call and try to get the lie of the land.

B) Get stuck into the Basic Court Bundle and prepare, prepare, prepare.

 

lancsman, you're on the 5th, I'm on the 6th. I would be very grateful if you'd tell me what happened with you, ie if they turn up, what they argue, how you respond etc. Best of luck lancsman.

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Bugger ! SCM won't take his call. O/H tried - lunch, meeting blah blah. Says they're deliberately not taking the call. So he's booked 2 days off work and travelling down tomorrow ( he's working away from home ).

 

I didn't want to go to Court but no option now. We're going.

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closey

 

I've printed off the 'Basic Court Bundle' to read this evening after work. Will also print off the McNamara interview. Have the OFT statements 05/04 & 07/09. Have lifted mjanet's 'defence' from the won section ( to amend ).

 

Will read toniight and list anything else that might be useful then print that off tomorrow.

 

Any suggestions welcome.

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Closey

Talked to O/H and decided to go it alone. feel more confident and prepared after the reading and preparation I've done today.

 

Sadie

Thanks for the good wishes - I hope so too.

 

Just read vikkijarda's thread. They had the same Court date as us, 6th Oct and Lloyds just bunged the money into their account today, so very last minute. O/H has closed his account so that can't happen. But it's reassued me that they hopefully will try to settle rather than go through with the case. We'll see ..... O/H is back tomorrow for this and has surprised me by being very upbeat and positive and determined. So I'm feeling a lot happier than I was before.

 

Thanks for all the support.:)

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hi christina

 

Well there's no bank account to do a last-minute bung in to. They haven't got his phone no/wouldn't take his calls. With what I've read their admin leaves a lot to be desired so the chances of getting a cheque on the doorstep ( day before court ) would be brilliant brinkmanship so .... I think not !

We're resigned to going to Court tomorrow. There are then 4 possible outcomes - 1) They don't turn up 2) They settle before case heard 3) They ask for an adjournement 4) The case is heard and decided.

 

Whatever happens, happens.

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christina

 

Yes, I was delighted for lancsman. Same thing appears to have happened with vikkijarda. Why are they playing such silly games ??

 

No O/H won't call them. It's his case so his call. He didn't say but I think he got treated like something that gets stuck on your shoe when he phoned them ..... so he's gone all 'guns blazing' now.

 

Putting together my files ready for tomorrow.:!: :!:

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Just had a phone call from O/H - we've won ( which I am pleased about despite .................) :

 

He went to Court today obviously ........ he was up half the night reading/checking the paperwork .......... other side didn't turn up ...... was told the other side had sent a letter to him plus cheque, plus letter to Court saying they were settling ..... all correspondence dated YESTERDAY.

 

Sorry for the bad language but they are W*****S.

 

Anyway we won, which is the main thing. Now it's a metter of waiting for the cheque, what's the betting it's for the right amount ie includes correct interest and AQ fee ?

 

Thanks for all the support guys - seems like they're not ready for that test case yet !!

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Thank you all

 

Just spoke to O/H on phone again. He got a copy of the letter SCM sent the Court and the amount they've said they've sent by cheque is about right. Interest calculated up to yesterday !

 

So if anyone's freaking out, like I was ............. they really do leave it to the VERY LAST MINUTE POSSIBLE .

 

If Mods etc want to transfer this to the 'won' section....... I'll post back on Monday with the case number. O/H has the file and we're away this weekend. Btw charges were £ 1,692 interest £ 308 & court/AQ fees £ 220 : Total £ 2,220.

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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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