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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
      • 161 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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going to court, please help!!!!!!!!!!!!!!!!!


annette38
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Al hes been away so long think hes losing it probably still on a high from our 4-0 drumming of spurs ????? ha ha ha ha ha

  • Haha 1

if my advice has been of any help to you then please click the scales ! Thank you :D

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  • 2 weeks later...

hi, just handed in my court bundle to court inc relevent case law and spread sheet of charges and all my letters to barclays, and posted copy to the bank.

just have to sit back now and wait for 16th april my court date.

will let you all know if they make an offer.

what do i do about all the charges ive had of them since starting my case, do i start another court case, or ask them to clear all charges when they make an offer or i win my case??????

annette

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Hi Annette

Well done on getting the Bundle into the court you can put your feet up for a while ;)

But with about a month to go have a read here http://www.consumeractiongroup.co.uk/forum/guidance-notes/

It gives a basic outline of what may happen and some useful hints.

 

It is very unlikely it will get to court :) and in all probability it wont, but best be on the safe side.

 

AL:D

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-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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  • 2 weeks later...

just got a letter from the court today

UPON THE COURTS OWN INITIATIVE

IT IS ORDERED THAT

Unless the defendant does by 4.00pm on 9 march 2007 file and serve documents/witness statements as ordered on 19 january 2007 the defence shall be struck out without further order and the claiment shall be at liberty to enter judgement for the sum claimed together with interest(if included in the claim) to the date of judgement and all court fee paid and the hearing on 16 april 2007 be vacated.

dated 22 febuary 2007

What does all this mean, and what do i do to get back further charges on my account which where not on claim, do i start another claim, so far they have added £900 on my account,

thanks annette xx

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Hi Annette

Nothing to worry about in fact time to celebrate if the Woolwich aka Barclays have not submitted what the court required their defence will be struck out (legal term for They lose):D

And you phone the court and say you wish to enter judgement.:D

 

AL:)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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just called woolwich litagation dept, they are willing to settle, i told them i want the other charges dropped from my account, which have taken me over drawn since i started claim, they are getting back to me by monday.

told them i will not settle untill they do, or i would let them take me to court over it, as they are threatening to do that,

will keep you up dated. annette

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they excepted my terms, and sent me a letter for me to sign, they are sending me a big fat cheque, i got my original claim money plus extra interest plus they cleared my overdraft and othere charges.

but will celebrate when cheque has cleared,

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Congratulations Annette, I am sincerely delighted for you. It must be a great relief and is certainly great encouragement for the rest of us.

 

Be sure to look in regularly so you can help with any of our ongoing panics/queries. Any lovely plans for YOUR money? :D

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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