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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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Pot-less v Natwest.


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Potless, send a private message to Bank Fodder and see if he can point you in the right direction or somebody in the know like: Martin3030, Michael Browne, Nattie. Theyre all utterly ace. If they dont know, Im sure they will know somebody who will know who can help you. Send them a PM.

 

Fendy xx

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  • 3 weeks later...

Ha Ha Ha Ha Ha Ha. Sorry Im laughing. I know this is a serious business. But as Hagen says above. Banks disclose charges, Ha Ha Ha Ha Ha Ha . Sorry mate, just wont be happening............... expect your cheque at that point. Lol. Fendy xxxxxxxxxxx Stop it, my sides are hurting now. Lol. xxx

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Please please please dont be fraidy. Theyre just people. If it helps, imagine them sitting naked wearing nothing but feathers on other end of phone. They are no better than you. Honestly. Theyre hoping you will cave at the thought of actually having to either appear or speak. DO JUST THAT. Dont be scared. You dont need to be a super legal brainer. Just stand up for yourself and be respectful. But Im guessing the call wont happen or if it does it will be v.v.v. brief. Please, you can do this. You are strong. You have come so far........... dont chicken it now. YOU CAN DO THIS................... TIS PEASY, THEYRE JUST PEOPLE. NOTHING MORE.

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Nope, you should be ok because the amount your claiming is less than amount that would mean you are liable for charges. Relax. Tis a walk in the park. Deep breaths, dont get flustered, just think in your mind. Im right, theyre wrong, Im right, Im fighting for what is right. Dont be glum. You are picturing a mountain to climb in front of you and you are so nearly at the top already. Agree to setting up phone conference and go through with it. The judge wont let them blind you with science. Its straight forward. And anything you dont understand just ask them to repeat, no matter how long it takes. The court process is for you to understand as well and they have to take a little pity on us mere mortals when it comes to the legal stuff. Just be confident, polite, slow down, take it in, and stop worrying. They may not even go ahead with phone thing. they may cave before then but the main thing is dont panic. Just make plenty of notes if you need to, and be calm. Its so easy to stay calm when you know you are right and they are wrong. Please dont be scared. Really no need to be. Fendy xxxxxx

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  • 4 weeks later...

Hi Potless............. If I were you I would ring Cobbetts and just confirm with them that everything has been set up for the phone conference, i.e. giving them your phone number etc. etc. where you will be for the conference to take place.................... I personally believe they will settle before then by cheque, but in order for them to know you are not frightened of this phone conference thingy, just phone them and speak to whomever is dealing with defending the case there, and ensure they are aware that it is their job to set up the conference, and ensure they have your phone number etc. so they cant say you didnt provide this. Plus it lets them know you are not frightened and you do intend being there for the phone conference. You dont have anything to worry about at all. Have your file of paperwork ready by the phone just in case you need to refer to anything the judge asks, but personally I believe this is purely like I have, a telephone conference about which direction the hearing will take, i.e. fast track, small claims, and any further directions relevant to the case. I really dont expect Cobbetts to go through with this with you, but be prepared. They just might............ but theres nothing to be frightened of. Just make notes whilst the conference is under way, so you know what the next step is when the judge has spoken. But you do need to either speak to Cobbetts or send them letter ensuring this conference has been set up and ensuring you copy the court in with any letter to send to them ensuring you include your phone number where you will be on the day of the conference to take the call. Its their job to set it up so show them youre not backing away from this. All the best, chin up, will be a piece of cake. Fendy xxx

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Youre not dim. Stop worrying. I can almost hear the fear in your voice.......... I would do both things. i.e. ring Cobbetts today, about this phone conference, and basically ask them if they are organising it, and when will they let you know its all been set up for the date and time requested by the judge. And also put it in writing to the court judge too, starting off with something, like

 

further to our telephone conversation today wherein I requested you to organise the telephone conference for such and such a date........... I just wanted to follow up in writing.

 

Ensure you copy the court in with this letter that you send them. But the reason I would ring is purely because if you ring them, you are showing your assertiveness in that you are not frightened of them and thus showing them you will not be scared off by a phone conference. I know you might be shaking in your shoes, but dont. They are not going to blind you with science, and if they try, simply say:

 

"Im sorry, can you speak to me in plain english as I dont understand legal speak", that will also show them you are not frightened of them. Please potless, ring them. They are only people, you have nothing to fear. And by ringing them they will know you are not a scaredy person who is gonna back down. That phone call might just get you your cash that little bit quicker once they can see you are assertive and going through with it every step of the way................... it may actually stand you in better stead to ring them, and also for proof of the conversation, follow up with a letter to them, and a copy to court......... PLEASE DO IT. FOR ME............ BE BRAVE. YOU CAN DO IT. DONT BE FRIGHTENED. ITS YOUR MONEY, NOW GO AND GET IT AND SHOW THEM YOU ARE NOT SCARED OF THEM. YOU WILL BE SO PROUD OF YOURSELF AFTER ITS OVER................... PLEASE, PRETTY PLEASE WITH CHERRIES ON. RING THEM, YOU WILL BE GLAD YOU DID.

 

Fendy xxx

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Sounds spot on Potless. Well done.......... Im soooooooooo proud of you. You might have just earned yourself the cheque early. Notes cobblers now making on Potless' files: THIS PERSON ISNT SCARED, THEY RANG TO SET UP PHONE CONFERENCE, THEY ARE A FIGHTER, NOT A WIMPY........... Yaaaaaaaaaaaay Potless. BL**DY WELL DONE......... IM SO PROUD OF YA.

 

Fendy xxx

 

Now follow it up with that letter, and copy to court........... All the best.

 

Fendy xxx

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PM a mod and ask them to remove it......... I agree, get it taken off........ you are now strong and positive all the way. I really am so proud of ya. Really truly. Well done. See youre learning new things about yourself all the time during this process. You are learning that you can be strong and you are assertive when you have to be. Well done. xxxxxxxxxxxxxxxxx seriously. Fendy xxxxxxx

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