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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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URGENT Quick MCOL question, can't find answer


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I need the answer to this today ideally so I can do my claim. I did a search but couldn't find a straight answer.

 

In the library section the bit on the MCOL particulars doesn't say whether you tick the 'reserve the right to claim interest' box. I'm claiming contractual interest so I'm not interested (no pun intended) in the statutory 8%, but I'm not sure if this box applies to any interest or just the 8%. I also don't want the court to try and add extra interest.

 

So could someone clarify what to do, in either situation for the benefit of future people reading this, and also could I suggest a mod edits the library thread to mention this?

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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In my honest opinion you should be filing using an N1 for all claims.

 

Where you are claiming contractual interest your POC will suffer significantly if you try to explain what you are about using MCOL.

 

As far as I know, most people are now recommending the use of N1s to avoid the possibility of banks using the 'insufficient information' defence for anything but the most straight forward of claims.

 

FWIW I think you leave it blank if your set on this route and the court wont award anything your not entitled to.

 

I seriously suggest you use the N1.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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In my honest opinion you should be filing using an N1 for all claims.

 

Where you are claiming contractual interest your POC will suffer significantly if you try to explain what you are about using MCOL.

 

As far as I know, most people are now recommending the use of N1s to avoid the possibility of banks using the 'insufficient information' defence for anything but the most straight forward of claims.

 

FWIW I think you leave it blank if your set on this route and the court wont award anything your not entitled to.

 

I seriously suggest you use the N1.

 

TBH I've always thought that was the best way to go and I've advised others to complete an N1 as opposed to MCOL. I tried to complete an MCOL and felt like a right muppet, I could not get all my information on it so went with the N1. Is that what people are recommending - thank goodness, it's just as quick you can log it in your local court as opposed to having it transferred there and you can get all the information you want/need on the form :)

Boo

 

JMHO

 

Glenn

 

TBH I've always thought that was the best way to go and I've advised others to complete an N1 as opposed to MCOL. I tried to complete an MCOL and felt like a right muppet, I could not get all my information on it so went with the N1. Is that what people are recommending - thank goodness, it's just as quick you can log it in your local court as opposed to having it transferred there and you can get all the information you want/need on the form :)

Boo

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Can I get hold of an N1 by post or something or do I have to go to the court and fill it in there?

 

I'm not able to get there for a couple of weeks (I assume they're not open on weekends???).

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Can I get hold of an N1 by post or something or do I have to go to the court and fill it in there?

 

I'm not able to get there for a couple of weeks (I assume they're not open on weekends???).

 

Hi there

I am posting so that my signature comes up (you have to post in excess of a hundred words or your signature is not shown!!). The signature has all the details you need including an N1 link. Unfortunately you will be unable to download the N1 and save on your computer but what I suggest you do is complete all the information you need to go on the N1 in a word document, bring up the N1 from the site cut and paste your info so you have a copy of all information in a word document then when you have finished and are sure everything is A1, no type 'o's etc, print as many copies as you need. You will need 3 for the Court I suggest between 4 & 6 as you will be unable to amend the N1 once you have printed it and come out of the site, you can always throw them away. You will also need to print pages 1 and 2 back to back.

When you have done all that I suggest you then copy the information you have put on the form back into a word document so that you then have all the information you have put on the N1 for future reference or claim etc.

Good luck any problems or this information is not clear then let me know.

Boo

  • Haha 1

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Share on other sites

Thanks for that. I'll have a go and see how I get on.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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