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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
      • 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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slipwaypd v Lloyds TSB ** WON **


slipwaypd
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Hi

Have a look at this for details of filling in the AQ:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Not sure why you need 3 copies though sorry.

 

Good luck!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court you have done so.

 

 

Well for the record, I've been to court with my paperwork and my AQ, handed them all in together.

 

Got a copy of my AQ for SC&M, might wait until I get my N1 and schedules back and send them all together or would it be advisable to send it now?

 

Thanks to everyone for their advice so far, been a real help, I thought I had it in the bag following the Which course of action, how wrong I was but I wouldn't hesitate to recommend this site over and above any other similar such sites.

 

Fingers crossed!

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If you look in the litigation in progress forum then send your details to me ( or any moderator ) the way its set out , thanks :)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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  • 2 weeks later...

Received a nice prezzie from SC&M, yesterday (23rd DEC 2006), they start of in there letter saying they are going to file a defence then go onto say that the full amount of my claim will be credited to my account as soon as I return the attached form.

 

Will post more details when I get over the shock.

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  • 4 weeks later...

Well the money has been paid into my account so its fair to say .......................... I'VE WON!!! :D

 

Thanks again to everyone who has helped me with advice, one final question if I may, SC&M have asked me to inform the court that my claim has been settled, should I do this plain and simple or should I put something in having a sly dig at SC&M and Lloyds TSB for the courts benefit? Bearing in mind SC&M have asked for a copy of this letter I don't want to upset them, perish the thought :rolleyes:

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CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Slipwaypd, Hi

 

Well done on your victory. We seem to have had a lovely long run of victories recently.

 

I am not sure what the letter Barty linked you to says and i cannot imagine that it would be anything but appropriate. So, no matter how tempted you may be please do not make any sly digs about SC&M when you write to the court.

 

it is so very important that we maintain our dignity and prosecute our cases properly. The courts appear to be losing patience with the banks - let's make sure they do not lose patience with us.

 

Congratulations

 

Paula

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Hi Paula, the following is the letter I sent.

 

The court won't have a problem with it, SC&M might gnash their teeth when they receive their copy though, hope GaryH doesn't mind me posting it but it is his work.

 

 

 

The Court Manager

****** County Court

Court address

Court Postcode

 

[date]

 

Dear Sir/Madam

 

[you] -v- The bank Plc

Claim Number: ********

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rubutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

 

Yours faithfully:D

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