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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Toprod V Yorkshire Bank


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Hi all,

 

After reading all the successful posts have decided to start claiming back some of those excessive charges! I have opened a new Bank Account ready to switch after successful claim.

 

I decided to start with the biggest beneficary, the YB. I have been a customer for over 15 years, hate to think the amount they have made out of me. Had nearly all of my statements for the past six years so put in my first letter claiming in excess of £1000 + £300 interest. Got a response within 24 hours! The worst letter I have ever seen, full of typos, explaining my obligations and responsibilities. They also stated that they were within their rights to apply charges for administrating systems....they were not prepared to refund the charges.

 

Should I write to them threatening court action or just start court proceedings?

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Thanks George,

 

I have been through FAQ's, the prelim letter that I sent requested a full response within 14 days. The have responded within 24 hours, saying that they are not prepared to refund the charges. Do I still need to wait a further 13 days before I send the LBA or can I send it now? TIA

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Hi toprod,

I can see no reason why you can`t send your LBA now as they have not given you a satisfactory response(albeit within 14 days) to your PRELIM letter.

 

Yorkshire are well known for dragging their heels so take the fight to them and don`t forget to include a list of charges/dates/amounts but without the calculated 8% interest at this stage that comes later.

 

Good luck

 

Jules

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Received a standard letter from my branch in response to my LBA. We will need to make investigations into your points, contact you as soon as possible blah blah blah....

I just sit and wait until the 14 days have passed before I move to the next step. Guess my branch will have forwarded this onto legal/head office as this point?

 

Thanks

Toprod

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  • 2 weeks later...

Thanks George,

 

Got a cheque yesterday for half without interest from Neil McKirdy. The LBA was due to hit the two weeks next week. Guess I just return the cheque with a letter saying no thanks and wait for the two weeks before I proceed to MCOL. Can I add any additional charges onto my claim that I have been charged this month? Do I put this in writing to the bank or on the MCOL?

 

Many thanks

 

Toprod

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  • 2 months later...

Hello All,

 

Been really busy lately, just thought I would post an update on my claim. Submitted the MCOL to which the YB posted a defence.

 

I received a Notice of Transfer of Proceedings letter this week to advise that the claim has been moved to a court near to where I live (Chester). It also makes reference to the AQ and that it should be returned to Chester and not Northampton although the AQ was not included in the letter. There was no mention of dates.

 

Is this normal?

 

Regards

 

Toprod

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  • 3 months later...

Have I messed up? Really busy time recently, selling house, divorce, changing job......

 

I never completed an AQ but the hearing has been allocated to the small claims court.

 

I have a court date for next week 11 July at Chester, expected to hear something from the YB before now who have filed a defence.

 

I was expecting another letter from the courts but haven't received anything, just read the original letter and it suggested that I should have sent all copies of all paperwork 14 days before, which I haven't done. Have I messed up? Is it too late to send the paperwork?

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You really should have dealt with this before now.

You must contact the court and advise them asking for the case to be put back asap then get your case ready.

Have you had a copy of the defence?

Will get back in touch tomm evening with you.

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Hi Bigmac,

 

Yes I do have a copy of the defence, I have spoken to the courts and they have told me to get the paperwork in ASAP this week.

 

Thought the date was the end of July.

 

Thanks for your help

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