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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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KenSpe Vs Nationwide


KenSpe
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  • 2 weeks later...

Hi KenSpe!

Just their usual delaying tactics...

They will start paying your Claim into your account in drips and drabs soon.

Note that they have quite often paid other CAG Members short.

Accept all they offer U, but in Partial Settlement NOT Full Settlement.

U then just have to carry on the Court process to get back EVERYTHING that U Claimed!

Hope this has helped to re-assure U?!

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Hi KenSpe!

 

Why do U feel that it should be down to U to remind Nationwide once again to pay your Claim in FULL???

Just wait until the time the Court has already said and then file for a JUDGEMENT in DEFAULT if they still haven't paid in FULL.

Once U have that judgement, U can lick your lips at the thought of being able to send the Bailiffs into Nationwide's HQ to recover the monies still outstanding!!!

Do U seriously think that Nationwide would want that to happen???

 

Don't worry...They WILL pay up!

 

Hope this helps to re-assure U?!

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Hi KenSpe!

U have another 28 days before U have to inform the Court!

...Chill...lol...:cool:

U KNOW Nationwide will pay up!

...Just give them time to organise yet another whip round, so that they can afford to send U the rest of what they owe U!...rofl...:lol:

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  • 3 weeks later...

Hi kitkat35!

...I also have until the 13th Feb to return my Allocation Questionaire. Like you I am not sure if my claim would now be £718 instead of the full claim. Does this mean that you do not have to pay the fee? I understood that claims over £1500 there was a fee payable. I must admit it is putting me off proceeding I am still hopeful that they might settle before.

 

The following link will tell U the costs:

County Court Fees

 

U claim the same amount U did when U originally submited your claim @ Court.

It is down to Nationwide to prove any payments made in respect of your Claim.

As they have NOT Settled in Full...How will they be able to prove otherwise??!...lol

U have another week and a half to go before U have to file your reply, if they still haven't paid up by then!

Start looking @ holiday brochures!...lol

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  • 3 weeks later...
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