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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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Directions Hearing Leeds


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This is what I put.

Should it have more than this for disclosure.

Still have time to resubmit before 7th if anyone thinks it needs rewording.

 

Disclosure

6. Within 7 days of being requested by the Court.

7. No

8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge.

9. Yes:

10. (i) Within 7 days of Courts directions

(ii) Within 7 days of Courts directions

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:confused: 7LS40070:confused:

 

Hi everybody, I am really glad i stumbled across this thread and you guys, i received the notice of hearing letter on monday(the 29th) saying my case would be heard on the 7th at leeds in the mercantile court.

 

Got the list of 67 other cases (21 settled)

 

Now i am really panicing, i have no cmc and definatley no clue what is going on! especially since the court has given me a day and a half to fill another complicated form out. Up until monday i thought my case was like every other barclays case, i have already sent of my court bundle.

 

So if someone could give me a crash course in whats happening i would really really appreciate it. Thanks , Please help.

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Hi MSA, I've PM'd the sheet, we all worried over it, you need to get this there tomorrow if poss. if not ring the courts. Have a read through this thread, it'll put your mind at rest

 

Jenny

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Hi Crispdust...the disclosure bit looks okay, I think the main things are covered and that we're asking for it!!

Jenny

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That cmc is brilliant, you are a life saver, i was worried that i wouldnt get a reply in time to get it handed in.

 

1. Will we need to take our court bundles in on the 7th?

 

2. Has anyone had a pay out from barclays that is having their cases heard on the 7th you have talked to?

 

3. Does it matter i have sent off my court bundle to barclays all ready?

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Hi MSA,

 

1. We wont NEED to take them, but it wont hurt...but we wont make it to the 7th. Barclays are paying out.

2. I think 6ish have been paid out from barclays, 27 all together from the 7th. I am awaiting a call from barclays, they are coming with figures today as i had to ring them on monday, their solicitor never mentioned attending court.

3. It doesnt matter that youve sent your bundle, if anything it lets barclays know youre determined.LOL

 

Hope it helps

 

Jenny

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Hi

Received settlement letter -£1000!! I have sent a fax back rejecting it, this is their last minute attempt to P*ss me off and settle. NOT gonna happen.

Standard letter...claim lacks merit, it will fail...confidentiality..blah blah blah. Funnily enough A.L isnt answering his phone :eek: :eek: So ive faxed back the letter REJECT OFFER on the top. Lets wait and see...any news anyone?

 

Jenny

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Well only a week to go before court now and nothing from YB despite writing to them to accept their offer. So CMS docs sent to court and a copy to Glasgow.They do like to b***er about and take things to the wire.Well if its going to be court then its going to cost them a lot more as I have now added reasearch and preparation costs at £9.50 per hour to my CMS not to mention that INMHO this is an abuse of the court system and will be informing the court of this

;) If this helps please click the scales bottom left
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Hi Just spoke to A L and they're continuing to stall. He made 5 more offers in 10 mins!!! letter says 1,450 on the phone after i rejected he made 1,800 1,900 2,137.87p and a FINAL wouldnt negotiate 2,200. I told him i would not accept less than my agreed 2,415.37p ( told him he could forget the 37p)lol. and i am quite willing to see him next week. He said i could lose blahblah quoted legal garb and is at the moment speaking to his superior to see what "deal" they can do. We will WIN this...i'll keep you informed.

:-| :-|

Jenny

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For anybody wishing to know more about the Case Management Information Sheet (CMI) and CPR 59 etc:

The Civil Procedure Rules CPR 59, CPR 18, CPR 31 etc are obtainable on Department for Constitutional Affairs - Home Page web site (web site dca.gov.uk). They come in the form of the actual Rule eg CPR 18 entitled 'Further Information' and a separate 'Practice Direction' sheet (clickable in the top right of the CPR page). Either use the 'Search' facilty on the DCA web home page eg search for 'CPR 18' or to get straight in, forget the home page and go to PART 18 - FURTHER INFORMATION (web site dca.gov.uk/civil/procrules_fin/contents/parts/part31.htm)

Change the 18 to 31 to get to Part 31 and change to 59 to get to Part 59 etc.

Note that CPR 18 is entitled 'Further Information' whilst CPR 31 is entitled 'Disclosure and Inspection of Documents'. Therefore if you want the bank to provide information, I assume this is under CPR 18. If you want the bank to disclose documents that it has in its possession then I assume it comes under CPR 31.

Anybody wanting the Case Management Information sheet can get it from CPR 59 at Appendix A. save it on your pc as a pdf file. Open the saved pdf file on your pc, then save it again as editable text (eg on Notepad). Then open Microsoft Word (all files) and you should be able to open the Notepad file. Then save as a 'Word' document and you can fill in the answers.

I appreciate this is a bit late in the day for the Leeds hearing, but hope it may be useful to late-comers.

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My calculation is that Barclays should now pay the preperation costs and remove any default from my credit record. Am I being unreasonable in this request?

 

I need a court judgement to get the defaults removed so I must proceed.

All done I think

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Hi JB, I am arguing at the mo over the preparation costs, they're saying they dont have to pay til we attend court...another delaying tactic.

jenny

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Thanks for answering my questions jenny, took the cmi sheet you sent me into the court today. The Lady at the courthouse said well over 60 cases are been heard on the 7th. There was a picket outside the court house and half the court was on strike over job cuts, from the number of people claiming i am suprised the arent taking on extra staff!

 

 

Good for you sticking to your guns, i cant beleive how many offers barclays made to you! They really sound desperate to settle and save a few pounds, all these claims must be costing them a fortune.

 

You sound close to a full settlement, keep us posted, good luck.

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