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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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Whatawoman v HSBC *******WON*******


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Things have taken a strange turn, and in my favour. DG filed their AQ this morning, PLUS they have made me an offer which is only £120 less than I'm claiming (just a shade under £5k Inc fees).

 

The usual conditions have been applied, non disclosure etc etc but naturally I'm not going to agree to these.

 

SOOOOOOOO looks like I've Won!!!!!!!!!!!! :-D :-D :-D :-D

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my AQ is due 1st April. Actually sent it in on Monday just gone - 26th Feb - (thought I would just get it done). Have had no offers or correspondence from DG at all. So I am a day behind you it would seem.

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

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Wow well done Badger - I wouldn't quibble over the £120 when the time you ahve to wait negates it - congratulations on the up coming wedding too - nice little nest egg - or lack of debt coming your way then :)

 

Cool Forever - be interesting to keep up with you and see how we do :)

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Well done Badger that seems to be how it is playing at the moment they file the AQ and often you get an offer the following day!!! I had mine just over a week ago but am still waiting for my money I will be chasing them later!! ;)

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Well I have just dropped off my AQ with the court along with the attachements and a copy has been posted to Kate Eaves at DG - She didn't reply to my email on Thursday telling ehr I was filing and sending copies of the attachments.

 

So when should I ring the court to see if DG filed?

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I had the same, Helen. I have contacted the courts and they will be filing an unless order. :rolleyes: Sent DG a little nudge in the right direction reminding them that they haven't submitted the AQ (Which I think you saw on my thread) - maybe you should send the same?

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Funny you should say that - I used your letter, adapted it and emailed it to Kate Eaves at DG about 30 mins ago :)

 

It has come to my attention that as of 03/04/07, you have not filed the Allocation Questionnaire in this case which was due on 02/04/07. A copy my Allocation Questionnaire(AQ) was sent on 02/04/07, which you would have received today - included with my AQ was a draft order for directions and an updated schedual of claims - including £220 of needless court fees and a daily interest accuring at £0.22 a day.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £1811.45. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their intervention. I look forward to hearing from you.

 

Yours Sincerely,

 

 

Helen Ashby

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Just contact any of them. Kate's name is on all of the defences filed. I've had Kate, Debbie and Rachel's names on my documentation I've received. When I call I always leave a message on Rachel and Kate's voicemail and they usually call me back (sometimes a day later though). They all have access to ours files. :)

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my AQ was due on 1st April, and guess what? they didn't file theirs. surprise surprise!! have emailed and posted nudging letter (although I do know I was meant to wait a week or so) but right now I can't be bothered to wait anymore.

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

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Hey, we're all in the same boat. Filed my AQ on Friday and sure enough they haven't filed either. I have emailed courts to ask for "unless order" i'll wait for that deadline to pass then ask for a default judgement. I'll use Kat's template then for a nudge letter tomorrow and follow suite like you guys and email/call DG too to follow up.

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easter holidays coming up... lets hope dg are on commission for the most amount of claims dealt with before then!! fingers crossed for some offers on thursday - i'd usually say friday but..... good thursday instead

If i've been helpful in any way....then tip my scales over there!

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Guys, sorry to hijack your thread but I've noticed you discussing getting a case struck out if the defendant doesn't file an AQ on time. I"ve also read a suggestion to write to the defendant's solicitors and suggest they settle prior to applying to the court to strike out.

Have people been successful using this tactic?

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Don't worry, as the 6 Voicemail messages I left and the 4 emails I sent remain unanswered.

 

I received a offer from DG the same day they filed their AQ, so there is still hope. Once my cheque arrives and they agree to MY terms I'll be updating my thread. :D

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and for all of you - take a look at this thread - i wrote it just for you (well, maybe for a few others, too!)

When you have filed your AQ................ (multipage.gif1 2 3 4 5 ... Last Page)

i know some of you have seen it - but i'm hoping it helps once peeps have filed - just to give some support to you/let you know what's what/and just a place to browse and see if anything might come in useful. good luck - offers coming very soon!

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