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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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gaz v hsbc **WON**


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hi all, just spoke to the court and they have told me they have failed to get the aq in on time, well not at all. they have said it will now be handed over to a judge. they have said that there is a good chance that they will throw there defence out. is this right????

what should be my next move.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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Hi Gaz looks like I'm a week a ahead of you.

 

HSBC failed to file their AQ in my claim and I'm currently waiting to here from the judge.

 

Fingers crossed he'll throw out their defence, but judges have been known to let the banks file late:(

 

As to how long it'll take... probably depends entirely on your local courts work load. Pulling a spurious figure out of the air, I figure give it two weeks before you hear from the judge.

MBNA: £545.88 recovered in full

HSBC: £2192.50 LBA sent

HFC: £160 biding my time

Citi: £550 Biding my time

Halifax: £350 Biding my time

 

Total - £3798.38

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not yet, spoke to the court and i am waiting to hear from them, should be any day now, nothing from hsbc or dg yet, was going to ring dg tomorrow and see if they need any more information of me. was also going to pop into court to see how they are getting along as well.

i did read the thread, really good information about this part of the process. i don't think it will be to long now

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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i went to court today and they have told me i will get a letter tomorrow. i was told i have a date of the 15th june for the hearing. dg nor hsbc have put there aq in.

what is likely to happen now.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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just go back to the thread i wrote and see some ideas there - i would think perhaps a little reminder by post to dg - try the nudging letter in post one of the link above - when you have filed.....

you may or may not want to offer a compromise, you may just want to remind them that they have not filed and you have and they will need to add that to your claim - whatever - a gentle letter to dg won't go amiss.

 

here's some info from guidance notes in the library GOT A COURT DATE? A guide to the later stages there's more in the guidance notes.

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ok i think i have dropped my first bollock, i firgot to take a copy on my aq, is there any way of getting another or will the court give me a copy. HELP!!!!!!

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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oh good just gong to snd dg a reminder letter thats all.

jutlooking at the court bundle i am trying to find oft statement summary but te linkis out of date does anyone know the new link or where i can get hold of a copy.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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ok had a letter today from court, it say: district judge law has considered the statements of case and aq filed and allocated the claim to the small claims track. the hearing is on 15 june 2007. it goes on to say that i need to produce all my documents 14 days before the hearing. Hsbc or dg has still yet to file there aq. do they have to file this??? or can it go straight to the hearing.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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The hearing is your 'big day in court', but you have more chance of being in the Waltons (post 59 et al) than that occurring.

 

I do not have a HSBC claim so I am not sure when they settle, therefore I do not want to tell you to prepare the bundle now if it proves to be unnecessary. I will let someone else advise, I am sure Lateralus will.

If I have been helpful please click on my star and add a comment.

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as guido says - they haven't been yet - don't see them starting soon - and june is a long! ways away......

lets just organise a plan - like, lets make a big circle on the calendar - paper work needs to be in 14 days earlier than 15th so that's the 1st.

so mark your MAY calendar for about the 26th - a saturday, bank hol weekend - plenty of time to get the court bundle together - just lots of copying - about 200 pages and you need 2 more copies so that's 600 pages, no need to rush with getting it started. i'm betting you'll have your claim refunded and spent by then.

i'd say, first we write them a nudging letter - suggesting you may be open to offers - in a week or so, then depending on response another letter - suggesting a specific number, slightly less than you are claiming. let's see how the next week or so goes - give them time to make an offer. if you feel like you need to be doing something. take a look at the nudging letter in post 1 of that when you have filed your aq thread. don't mention a figure - just a nicely worded letter saying i see you haven't filed your aq, i understand a court date has been set - mindful of the amount of claims, how busy they are.....blah, blah i'm sure the judge would appreciate any attempt to reconcile this matter - i await your response.

lay it on thick - you are waiting to hear from them.

then later when you attempt a negotiable figure - if necessary - this will all go in your favour if (i s hould say IF) it ever got before a judge.

ok, feeling good - they are just all going on longer and longer because of the sheer numbers and after this next monday night's telly exposure, it will probably get worse. keep the communication lines open - give them an e-mail address, mobile number, anything to make yourself available to them.

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sounds good Lateralus, will start setting my letters up ready for them. guidot does this mean then that if they don't turn up i may get the chance to be on the waltons...lol :D .

cant wait for the programme next week, do we know what it will cover or is it a wait and see.

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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The court will issue an Unless Order, generally applies where the one (or both) of the parties has not complied with court directions. It will go something along the lines of 'Unless the claimant complies with point 2 of the courts directions dated 1 January 2007 in the next 7 days the claimant's claim will be struck out without further notice.'

 

Unlikely you would have such an order, unless you have failed to comply with the courts directions.

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see that thread i wrote for you guys, up at the top of these posts - when you've filed you aq.......

it's in there - post 1

 

you would try to apply it to them not them to you.

 

the nudging letter seems to help in some cases - leave out the part about asking for less money - just work around it - saying they haven't filed.

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no problem, letter sent today to dg and hsbc, lets see if we can help them along a bit. theres nothing like waiting for that letter to land on your door step,lol

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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