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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
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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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Anonymouse vs Cahoot


anonymouse
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Hi All

 

After sending my Prelim letter to Cahoot two weeks ago I got the standard response so today e-mailed them my LBA, giving them 28 days to respond (I'm going away over Xmas).

 

Anyways, I got a second e-mail back pretty much immediately saying the following:

Dear Anonymouse,

 

Thank you for your email dated 6th December 2006.

 

I can confirm that cahoot's position remains unchanged from my email dated 6th December and we are unable to consider the refund that you have requested.

 

if you wish to continue with your complaint you will now be required to write to Abbey's Stage 2 complaints team. This department is an autonomous body within Abbey who will review your complaint on an independent basis. If you decide to write to them please state that cahoot has issued its final response in relation to this matter and please quote my name so that the relevant paperwork can be quickly obtained.

 

Stage 2 Complaints

Abbey

PO Box 911

Central Milton Keynes

MK9 1AD

 

Stage 2 Complaints will review the details of your case and carry out its own investigation. In the unlikely event that you are still dissatisfied you can write to the Financial Services Ombudsman at the address below.

 

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

Should you choose to seek legal redress, neither cahoot nor Abbey, will be held responsible for the fees you incur.

 

If you have any further queries or wish to discuss anything in greater depth, please do not hesitate to contact me.

 

Please be assured I have carried out a full investigation for you and I hope you feel I have offered a fair response to all of the issues you've raised. I will keep your file open for the next 8 weeks and if I don't hear from you within that time, I will assume that everything is resolved and will close your file. If you remain dissatisfied though you can find details of how to take your complaint further at legal T&Ts . The complaints policy also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.

 

Yours sincerely,

 

Andrew Starling,

cahoot, Service Relationship Manager

 

I presume I can ignore their "Stage 2 Complaints Team" and now go on to the next stage? And am I right in thinking they've just waived their 28 days notice and I can file an MCOL today?

 

And finally... Should I mail Mr Starling once I file the MCOL with all the details?

 

Thanks all :D

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Up to you really - I personally waited the whole 14 days after the LBA so that when I go to court I can tell the judge that before bringing action I had given them 28 days to try and sort it out. Frustrating playing the waiting game I know (because they won't pay out) - which is why not everybody does wait.

 

And no - I wouldn't bother informing Mr Starling

 

Whatever you do, good luck and keep us informed

 

Lager Lou

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  • 1 month later...

I wouldnt send the baliffs in just yet, they are going to request a set aside do you know who their legal team are? a quick look on this forum should tell you, when you find it ring them and just say what your name is and that you are ringing about case ref XXXXX and see what they say, they my admit that they forgot to file a defence and ask if you would be prepared to consent to a set aside and as much as it is a pain in the backside, the judge will allow it.

 

If they offer settlement then wooo hooooo

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 3 weeks later...

hi anonymouse

 

any developments with your claim?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Yes!

 

Mailed customer services and said "Oi! Give me my money!".

 

Well not quite, but something like that. Anyways, this got forwarded to the legal team, and I got a mail from Inga stating that they had no details of my case and could I mail the claim and judgement to her.

 

Did this, chased a couple of times and was told a cheque was in the post. Got home last night and there was a cheque for the full amount waiting on the doorstep. Well impressed :D Will donate once it clears!

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  • 1 month later...

I assume this is now a "settled in full thread"?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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