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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
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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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Shelley v HSBC ***WON***


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hiya

what can't they attach?? bit confused there but don't worry. just keep your eye on the mcol site and watch the status of your claim. on your notice of issue (not acknowl) there will be a date on it when the bank were 'deemed served'. that is the date you count 28 onto. it will be somewhere nearer the of the 28 days that the defense status will change on mcol, will be transferred then to a local court and the aq and a copy of the defense will be sent to you in the post.

 

keep ringing dg to make sure they have your breakdown.

If i've been helpful in any way....then tip my scales over there!

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I think these nos are DG Solicitors who act for HSBC:

 

DG Solicitors

 

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Tel: 0121 455 2111

Fax: 0121 455 2150

 

Contact: Deborah D'Aubney:

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)*

0121 455 2196 (Kate)

0121 455 2206 (Alan)*

 

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi all,

I've called DG three times now and left 2 voicemails but no one has called me back. :mad: I've also emailed everyday for the past three days but still no response. From looking on this website this seems the norm!!! :p The 28 days is up on 28th Feb, is there anything I should be doing?!?!!? :confused:

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I think you're in the wrong forum Sowerby 17 - go to Abbey forum and start a thread of your own please

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi,From the date of issue the Defendant has 14 days to file an Acknowledgment of Service or Defence. If they do this the Court will send you a copy and will tell you what happens next. If after 14 days from the date of issue have passed nothing has happened, then you can apply for judgment by default. Complete the Notice of Issue form and return it to MCOL. You can then look to enforce the judgment.The bank may cry that they did not receive the claim form and make an application to have judgment set aside but if they do, all the costs are added to the claim.

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I think you just do what Nettyg advised earlier:

 

"while your'e waiting for hsbc to defend, read as many threads as you can so you are prepared for the next stage should it arise ok."

 

The ball is in their court at the moment(no pun intended!)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I've received the notice of Acknowledgment from the court on the 31st Jan stating that the defendent has 28 days to defend. I also received a letter from DG Sol on 15th feb asking for my breakdown of charges but nothing else. Should I have received anything else???? :confused:

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Sorry if I confused you. Because they have filed an Acknowledgment of Service they have 28 days from the issue date (the date given to you on the Notice of Issue form) to file a Defence at MCOL. Once they have done this you will be sent a copy together with an Allocation Questionnaire and a Notice of Transfer -(the file will be moved to your local County Court).

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no, i think you are a week away from them filing a defense - served around 30 jan. should be next tues or wed, they will file and you will receive court papers with aq. all is as it should be - you just got a little ahead asking about the aq so early. just keep an eye on your judgment button early next week and try to press for judgment but 99% of the time - they defend at the last moment. you are right on schedule

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ok.. i'm back on track with your thread. the bank can defend any time between now and 28th Feb so just keep your eye on the status on mcol.

there is no point pressing the judgement button because it will just tell you that you haven't allowed them enough time. everything is normal don't worry.

 

when the status on mcol changes to 'defended', you will the the 'notice of transfer of proceedings' in the post, which means that mcol won't be able to continue and the case will be transferred to your local court. you will get a copy of the defence and and allocation questionaire.

 

still keep riging dg until you get an answer - telling them that you are returning a call from them saying they want your breakdown of charges, i still think that you are in line for an offer. when they ask for them, that's usually the case.

 

alan burden's phone isn't as clogged up with calls as debs or anybody's so ring him 0121 455 2206.

If i've been helpful in any way....then tip my scales over there!

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Hi, I've received a letter from my local court today stating that a defence has been filed. I need to fill in the allocation Questionnaire and was wondering if anyone can pm me what they put on their form? :D

 

Also, I have to return the form by the 14th March but it does not state what happens once I return the form, any ideas?? :confused:

 

Thanks

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