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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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Funhat vs Natwest ***WON***


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............... and fun money's much nicer than 'needed' money any day!!!!!!!! Get the holiday brochure's out........... I think you could safely book something for on or around the 10th August!!!! x :D

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I rang the court today to make sure they'd received my bundle ok and after a nerve wracking fifteen minute wait they said they had, but as of yet haven't received Cobbett's (surprise surprise).

 

As today was the deadline I was thinking of drafting up a letter along these lines:

 

"Dear Judge xxxxxxx

 

With regards to the Order dated Monday 4th June 2007 in which both parties were required to issue the following to each party and the court direct:

 

Copies of all documents in which would be relied during the hearing

Signed statements of evidence pursuant to the claim

 

I have been informed today that Cobbetts LLP representing the Defendant NatWest Bank PLC have failed to provide a copy to myself and to the court as directed within the 28 day time frame set.

 

I understand the Royal Mail Postal Strike on Friday 29th June 2007 may have caused inconvenience, however I find it unlikely that an organisation such as Cobbetts LLP would be disorganised enough to struggle to comply with the direction of the court.

 

In light of this I would respectfully request the court to strike out the Defence if these documents have not been provided within 48 hours.

 

Throughout this dispute I have found Cobbetts LLP to be intimidating and attempting to use legal obstacles, such as the CPR Part 18 request, with full knowledge that this claim would be allocated as it was to the Small Claims track in order to deter my continued action against their client. In their defence they claimed that a schedule of charges was not sent. The charges in dispute were included in my Particulars of Claim and also forwarded separately to Cobbetts LLP at the same time these were sent to the court.

 

I feel the actions of Cobbets LLP have been used in an intimidatory manner to slow down the legal process. I find it hard to understand why experts in litigation would act in a disrespectful manner to the legal system, the Court and to your own directions.

 

Yours sincerely,

 

 

Funhat

 

Thoughts?

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Did you base the letter on the one in this thread here? http://www.consumeractiongroup.c o....tml#post485266

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Well, you know cobbetts............... fashionably late!!! ;)

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It doesn't surprise me. Before these documents were sent in I left a message with the solicitor to call me back to see if they wanted to discuss settlement before the court date.

 

That was at least three weeks ago and I haven't heard owt.

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Appears the left hand doesn't know what the right hand's doing mate.......... especially since the office move. Hang in - nearly there! And let's face it............. I don't think they've ever got a bundle in yet have they! :rolleyes:

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Nah I don't think they have.

 

Hopefully things aren't too far away. I'm going car hunting on Saturday to find a replacement for my now scrapped car. Natwest's money will come in very handy for a sizeable deposit

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Be sure to take a piccie of your nice shiny new motor into the bank with you eh?!!! :D

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Even better! C.c. Cobbetts of course! :D

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I've used the first non compliance letter from that link and I'll cc it to the court.

 

If after seven days no joy then I'm going to fuse the second one with some of my draft about how Cobbett's have intimidated me and shown no respect. Might be worth trying to appeal to the Judges better side from me doing everything as requested and them doing what ever they fancy.

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Well, it can't hurt - and it's better than waiting on pins for cobbetts to submit a bundle that they've probably got no intentions of submitting! Nothing wrong in being proactive - and you may end up with a quicker result.

 

Good luck with this :)

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Well it's going to be their own downfall. Every amount of time I spend on this claim with them is getting tallyed up so if need be I'll hit them with my costs at the end.

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  • 2 weeks later...

Cheque received from Cobbett's today. £30 less than the claim total (including court fees and AQ), going to accept.

 

Condition was that I don't disclose to any party so returning that crossed out saying "I will accept your reduced, partial offer of goodwill, however I do not accept this clause"

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CONGRATULATIONS. A fine win. You could ask them to pay you your £30 for your silence. They cannot impose a confidentiality clause on you without your agreement. Well done

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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I'm not agreeing to it.

 

Cheque is in the bank now and as soon as it clears it's time to spend.

 

Hmm, who to take on next..

 

HSBC

Capital One

Barclays

Barclaycard

 

The choices, the choices!

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CONGRATULATIONS!!!!!

Mega chuffed for you funhat............ it's a brilliant result!

Well done mate - best wishes, hedgey xxx

:D :D :D

Onto the next claim(s)..............!!!

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funhat

CONGRATULATIONS!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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