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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
      • 160 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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i think i've been struck out-i have till 15th pls pls help


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Dont worry

 

When you get to court, claim it then along with interest

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 2 months later...

What was the date that your claim was deemed to have been served?

 

They have either 14 days from this date to file an Acknowledgement of Service or pay. If they file an acknowledgement of service they get a further 14 days in order to submit a defence.

 

Presumably as they have acknowledged your claim, they intend to defend, so you should hear again shortly.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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oh, and since we sent the lba my hubby was sent a default notice and told to clear his £1k overdraft immediately, we couldn't do this, so hubby accepted the deafault notice. RBS then said the acc was closed, but still continued to charge hubby for ddr's that were unpaid (£38 charge for £20 direct debit!!)

so he rec'd his stmt last week and there are around £180 worth of charges - how do i claim those, i already filed a moneyclaim b4 i was aware of them.

 

have i left it to late - also can i claim £30 default notice fee back?

 

pls reply

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oh, and since we sent the lba my hubby was sent a default notice and told to clear his £1k overdraft immediately, we couldn't do this, so hubby accepted the deafault notice. RBS then said the acc was closed, but still continued to charge hubby for ddr's that were unpaid (£38 charge for £20 direct debit!!)

so he rec'd his stmt last week and there are around £180 worth of charges - how do i claim those, i already filed a moneyclaim b4 i was aware of them.

 

have i left it to late - also can i claim £30 default notice fee back?

 

pls reply

 

Hi if the default is because of charges you can have it removed there is a thread regarding default removal. Also contact the bank and state that will file a seperate claim for any further charges ask them how they can continue to add charges if they account is closed.

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You will have to send another LBA for these charges; the Court cannot amend the moneyclaim once it has been filed. I can be done but you would need to submit an application and request to re-serve the claim. In order to do this you would need to complete an application notice (N244) detailing the changes you would like to make and send this to the court along with an N1 completed with the correct claim details.

 

Frankly in my opinion it's not worth it at this stage.

 

I would begin a new claim for these charges and the default fee and would be tempted to wait until this claim was settled and request that they add these charges to your payment.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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hi

 

i have taken rbs to court via moneyclaim - but they have filed a defence against me.

 

i am willing to go to court so i filled the questionnaire in and returned it with the requested £100 court fee because it was over £1.5k (this is in addition to the £120 i already paid on MCOL website)

 

i was just wondering whether this was the done thing or not - i've not heard of the additional £100 before.

 

pls advise

 

thanks

 

sarah

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mine was about a month but really does vary on how busy the court is.

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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hi

 

Today i have rec'd a copy of Cobbets court questionnaire stating that they intend to have my case sticked out of court due to cpr 3.4 (2) (a), due to a lack of reasonable grounds to bring the claim to court.

 

it sounds like the cpr 18 which others have mentioned - is it?

or do you think my case will be struck out of court?

 

also cobbets state that they asked to remedy the lack of particularity in the particulars of claim - but they didn't.

 

please, please help - i don't want to lose my court fee's.

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hi

 

Today i have rec'd a copy of Cobbets court questionnaire stating that they intend to have my case sticked out of court due to cpr 3.4 (2) (a), due to a lack of reasonable grounds to bring the claim to court.

 

it sounds like the cpr 18 which others have mentioned - is it?

or do you think my case will be struck out of court?

 

also cobbets state that they asked to remedy the lack of particularity in the particulars of claim - but they didn't.

 

please, please help - i don't want to lose my court fee's.

 

What did you actulayy put in your particulars?

Consumer Health Forums - where you can discuss any health or relationship matters.

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hi

 

i don't know how to show you a copy from mcol.

 

i sent a letter to the sols and the court showing my correct particulars of claim earlier this wk.

 

i have contacted the allocated court today and explained what i have done. The guy said that it shouldn't be anything to worry about, because the Judge will have to give me a chance to rectify the problem if it does get struck out of court. He also said that the Judge should appreciate that i am a lay person.

i also double checked the progress of the claim with him. The Judge reviewed the cases yesterday, the letter hasn't been noted (but they are 5 days behind) it didn't say anything else.

 

i am still really nervous - i was so stupid. Can't afford to lose the court fee.

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If you have sent a letter to court and to the solicitors with your full POC's then you have done all you can at this stage. The solicitors are going to try and frighten you - they have very little other way of deflecting claims.

 

What they are saying is that they intend to make an application to court asking that your claim be struck out under CPR 3.4. This will only be allowed if the judge believes that you have no possibility of winning. As you have explained the situation, and sent the POC's, the judge will have to take this into account.

 

I would expect that one of the following will happen:

 

a) No application will be made - as the solicitors will have received your letter and know that there is no point.

b) The judge will disallow the application - as your revised POC's will be with your documents.

c) Ask you to reword your POC's within 7 days - then you need to contact the court and ask what has happened to your letter and revised POC's as you have already complied.

d) Worst Case Scenario - and extremely unlikely - Strike out your claim - at which point you should apply for that decision to be set-aside.

 

 

 

 

 

 

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  • 2 weeks later...

hi

 

got a letter from cobbetts yesterday offering £1000 in full settlement (they owe us £1945 - plus court fee - plus acruing charges since taking it through mcol)

 

do i accept part pymt, but state that i am still gonna take it all the way, or do i just say keep it and i'll take it to court?

 

one thing is - when i filled in the mcol app form and the allocation questionnaire i didn't put all the technical terms in for the reason i felt the charges were unlawful. i have since realised my error and sent a copy of the reasons (cag template) to cobbets and the court. will that mean that i could be struck out of court anyway?

 

also - is now the time to bring up the additional charges since we took them to court?

 

my reply has to reach them by tuesday 28th.

thanks in advance.

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