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    • so where are the one with this HMTL link? and when were they sent.? pdf's merged and properly named. dx  
    • Hi Just had a wee look at your PDF and nothing really to add. Now as for the Court Fees if these are in there Claim then that is for the Judge to decide whether they accept the recovery of Court Fees in the Claim. If recovery of Court Fees are not in the Claim and they try to recover these via your deposit then you dispute this with the Tenancy deposit scheme your deposit is protected in and point out these costs should have been in there Court Claim which they failed to do and is there error.  
    • The postcode is an important point. You cannot be in two postcodes at the same time and the contract only covers the F area and not the E area where Met placed your car. See there is some   advantages in with idiots.🙂 The other fact about the electric spaces is that as you are not allowed to park there, the sign is prohibitory so cannot  offer a contract anyway. and another biggie in your favour is you were not the driver and the PCN does not comply with PoFA. I had another look yesterday at the PCN and there is another error since it does not say that the driver is responsible to pay the charge during the first 28 days. Schedule 4 Section 9 [2][b] (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; so that is another nail in their coffin and it s something I would include in  your WS since that is one that every Judge would accept as a failure to comply. As far as their WS is concerned some of them leave it to the last minute to prevent Defendants being able to counteract their claims. However if they leave it too late [ie after the stipulated time] you can email yours to the Court on the last day and complain at the bottom of your WS that you have not received it and therefore you are asking the Court not to accept their WS. In your case it isn't that important since you have a virtual walkover in Court. I would be surprised if they don't concede beforehand. It is a lost cause for them. Not that I would advocate parking in their electric bay in future with a petrol driven car again.🙂
    • I think the post code 0 v O is nonsense personally and would just annoy the judge.  Cases are decided informally at small claims and judges are not interested in the weakest of trivialities. Understood re FY v EY.  So add to the Unfair PCN section that the PCN includes the wrong post code and places you at a residential area rather than the car park in question. You should wait till 7 June before filing your WS - as a Litigant-in-Person you wont't be penalised for being a day late - to see if MET's WS turns up.  It will also give you a chance to see if they have paid the hearing fee.  If it doesn't turn up you can attack them for defying court directions.  If it does turn up you can ridicule their arguments.  Win win. Also you can see if they have bottled it - which they have done with the last two cases we have here. I think the exact points of your WS have become a tad confusing - and I have heartily contributed to the confusion! - so can you please add the latest version.
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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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    • 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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Big Motoring World Kent - PX'd my car - new vehicle has serious non reported frontend accident damage impacting engine - paid by debit Card.


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Can BMW and my bank not class this as dismissing efforts to resolve the matter?

 Do I not need to remind BMW by way of reply that we are rejecting the car and seeking a full refund?

Sorry to be a pain but I do not want our non-response to their email to be taken as our hindering of resolution.

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In case we haven't said this before, once you have instigated a chargeback, if you cancel it for any reason then you won't be able to re-initiate it.

For instance we have had a case recently where somebody began a chargeback procedure. The retailer then reached out to them offering a refund on condition that they cancel the chargeback.
The chargeback was cancelled and then the refund was not given and the bank was unable to reinitiate the chargeback.

And in relation to your most recent post querying the advice of my site team colleague not to contact BMW – I suggest that you follow his advice. The advice is given in your best interests and your best interests are to sit tight and hope that the chargeback go through.

Of course don't expect BMW to be happy about it but you have begun the chargeback process. I'm afraid now you have to wait but keep us updated

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Sorry, clearly I'm not understanding well and not questioning the solid advice given.

So we just ignore BMW's email and not respond now as I've started the chargeback?

If they try to call us, do we just refer them to our letter of rejection?

Thank you to all site admins. Really do appreciate the advice given.

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you dont refer them to anything.

not sure why you keep repetitively refering to wishing to contact them or even entertaining this silly letter tennis...they are not some sort of god over what you do and you do not need their permission, acknowledgement or acceptance about anything you do. 

you've done that all through this thread.

if the chargeback is successful, thats the end of the whole matter and you dont need to do anything more as they have the car.

end of dead gone.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think that you should chase up for information about the chargeback.

You should keep on top of it because otherwise it will sort of evaporate and everybody will go into denial

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I think you should phone them up again and tell them that you are making a complaint which you want taken to the ombudsman.

You should remind them that you are the client. Big Motoring World are not their customer and their approach is favouring the interests of this company against you, the customer.
Begin the complaint tomorrow. Tell them that you want it to go to the ombudsman. Get a reference number. Read our customer services guide
 

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Spoke to the bank today and seems they only contacted BMW on the 14th Feb even though I raised the charge back on the 06 Feb.

I asked why this took so long, and was told the process of investigation has to take place before they contact the merchant.

BMW haven't responded to them yet and I was told by the bank that I need to pursue getting a resolution with BMW alongside the chargeback (which takes minimum 6-8 weeks) and which may not necessarily result in resolution in my favour.

I stated the ombudsman and was given spiel about did we do checks on the merchant before purchasing from them as 'I can't just rely on the bank to recoup my funds'. 

Bank have said that earliest I would find out if the chargeback case is resolved would be mid March.

Does the delay with the chargeback process being over the 30 days impact my rejection of the car and request of a full refund?

call was recorded and I'm keeping the log of everything still

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god what a bank!! judge and jury when they should simply be carrying our their customers demand for chargeback on the spot...:frusty:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I hope that they have logged it as a formal complaint and you will go to the ombudsman.

It sounds to be easily if you tried to make a formal complaint and they gave you a telling off.

I suggest that you contact them again and check but there is a formal complaint in motion.

Then you should get very short with them until that you will add that to your ombudsman complaint as well

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  • 2 weeks later...

Bit of an update.

BMW have been in contact and agreed on the rejection but figure does not appear to include the part x figure of our car, so will be chasing that up and rejecting their figure as we are now left with no car.  

Their agreement to rejection however hinges on a number of things such as removal of derogatory comments regarding them, the car and the situation on any social media, the agreement not pursue any other claims post refund and a few other crappy bits like wanting us to pay 250 now which they then refund

- I wont paying a penny more.

 

Quote

The customer agrees that any derogatory or disparaging remarks about the
repairer, or any of its officers or employees that have been made on any website
or social media by himself or any party representing him will be removed prior to
the above settlement being paid.

Obviously, I've not been in contact with my bank regarding the charge back and wont until money from BMW is in my account (with the part x money).

 

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Would be an idea to upload the whole letter.

I think @BankFodder will have quite a bit to say about this!

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Yes please. We would like to see the letter as quickly as possible.

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Still waiting for you to respond to us in respect of this document/offer that you have received.

I hope you have sent any response to it yet.

Post it up here please

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Sorry,

the snippet was sent to me this morning by my husband as the correspondence between us and BMW has been with him as he is the named owner.

I don't have access to his emails and his currently over the atlantic on his way back from business.

No response has been sent to BMW, although he mentioned they are chasing his response.

 I should be able to post the version tomorrow

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Yes please. We need to see the whole thing. If your husband is often away then it might be an idea to agree with him that you should receive full copies of all correspondence rather than snippets.
I suggest that you don't make any response until we have had an opportunity to comment here.

I should tell you straightaway that their demands that you remove comments about them are unenforceable

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He's not thankfully, just unlikely that its come in the last few days.

I did think that,

though it seemed from what he said that it was one of their clauses for refund...

i.e. - you can have your money back and we'll collect the car but you can't talk about it to anyone,

need to pay us £250 until the car is returned (god knows what for) and not drive the car or we'll charge you £100 per mile (the car hasn't moved since returning from the garage),

oh and I think there was a confidentiality piece too.

 Absolute jokers, verging on an NDA.  

Clearly they have people scouring sites like this and other social media so have had to up their game to shut people down. Shocking

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We need to see the letter.

Yes they monitor the site and the Facebook complaints page. We are scrupulously honest in what we do so we aren't at all worried.

Get the letter and post it up here. Please don't delay.
There is nothing else we can say until we see it at first hand

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