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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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traceyjsmith v HSBC ** WON **


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Thanks Michael, thats a lot paper I need to provide!!

 

Maybe, but not until the judge agrees to issue your proposed Directions Order. Effectively it's the Court Bundle which you would supply anyway, although not normally until a later stage. But if he agrees to issue it, it also requires the bank to produce a breakdown of their costs and the idea is that at that point the bank will rather settle than reveal their costs

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And in Section G:

 

I respectfully request that the court issues the proposed Directions Order attached, which I believe would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

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Just to let you know that my AQ was due to be in by 30th and yesterday I received a full offer of £2870!!!

You should receive something very soon jyust be patient.

I found it helped by faxing through a covering letter and my schedule of charges everyday!!! They couldn't do with the hassle!!

Fingers crossed for you.:D

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  • 2 weeks later...

tracey - any word yet?

got the aq filed? they have to file one too you know and if they miss the deadline (sometimes the judge give them 7 days to get it in) you could win by them doing nothing (which they are good at!). so, filed your aq?

i'd ring the court on monday and ask if the other side has filed theirs, and if not - i'd ask.. so what happens next?

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Hi Lateralus, filed my ag on thursday 1st Feb which was the deadline, and the clerk said that HSBC had not yet filed but she had not had that days post yet. So fingers crossed they won't have and I will win that way. What happens if they do not file? How do I get my money? I was planning to put in my acceptance letter (if they sent me an offer which they haven't) that I wanted payment within 14 days or I would still go to court, as I have heard that they drag out actually handing over the money. The court clerk thought this was perfectly acceptable. But DG or HSBC have not contacted me at all even though I left 3 messages on their answer phone????????????:x

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if they don't file within the time (as the judge may give them 7 days) their defense will be struck out and you win. also, just keep an eye on your account balance - they don't want to make a song and dance of it - they may just put the money -all of it- into your account. or... you could get a reduced offer (they find something to cut it for -just ignore it) shortly ...or maybe they will just see the light and offer it all. good luck - keep on top of it with the court.

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Phoned the court this morning to find out if HSBC have entered their AQ and they haven't! The clerk said it will now be refered to the judge and he will either give them another 14 days or automatically pass judgement. One thing I don't understand is why DG get another 14 days to send in the AQ, what was the point in the first deadline?

Does anyone know if I should phone DG again (not that they have ever returned any of my previous calls) it just seems that this is dragging on rather along time, I started this thing back in October!!! Any ideas anyone?

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they did not return AQ on my case either and was told Judge may give 7 days !!!. I agree why do I have keep to all deadlines but if they dont they keep getting more time grrr.

 

Rubbish.

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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They offered, but less than I want. There are few things I want them to look at so hoping to negotiate with them for better offer. No reason why they should not though. Perfectly reasonable requests. If not then I will take them for everything I think they owe me.

 

Confidentiality thing bugging me at the moment. So sorry to be vague.

I need someone to read my thread as I am having issues.

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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Evening guys, DG have not filed their AQ they have not returned my phone messages and I still do not have an offer :-x . I now have to wait another week or 2 for the judge to probobally give them another 14 days to file it??!! Does anyone think it's worth sending regular faxes containing my schedule of charges to try and get their attention? Beginning to lose heart now as this has been going on for soooooooooooo looooong.

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You too Crusher, there just doesn't seem to be any real pattern to any of it. Some people get results really quick while others seem to wait for ages it's bizarre! By the look of your tally though you're doing really well, good luck with number 3.

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