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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.

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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.
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      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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Bank filed a defence


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Hi everyone trying to reclaim bank charges ... I knew that the wife and I would be unlucky enough for the banks to file a defence. I now need to find another £100 that I don't have to pay the court costs and await a hearing date. Has anyone else gone this far with their charges or has anyone had to attend court on this matter. I issued claim on line and the court is in Northampton ... I am in Manchester so travel is going to be an issue too. I need some inspiration ... any advice:???:

 

Cheers Pete in Manchester

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Which bank is it?

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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Hi,

 

It's quite normal for most banks to file a defence.

 

You will have to hand in the Allocation Questionnaire and pay the fee.

 

You are a step closer and make sure that on your AQ you request for case to be transferred to your local court.

 

Regards

 

Stuart

HBOS Plc - £9,954.65 Received partial settlement - Court 6/12/06 default removal / compensation / declaration

MBNA - Settled in full £2,377.33

Abbey National - MoneyClaim filed 26/06/2006 £883.90

Lloyds TSB - Claim Filed 11/08/2006 £2,630.00

Egg.com - Claim Filed 11/08/2006 £1,393.60

GE Money - Claim Filed 11/08/2006 £965.22

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It's barclays bank ... i read all the documentation when I got home from work and it wasnt as bad as I first thought. I dont have to pay anymore money as the claim is less than 1500. It is 1300 which includes for back dated interest. When i wrote to them originally I was only seeking 900 ish but they wouldn't deal. Offered 400 and I declined. I am going all the way now to open the box. Wish me luck.

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Guest willowb

hello:)

 

You really do need to start a thread in the Barclays and keep it up to date....why? so that when/if you have any problems with AQs, Court bundles, strike out orders and other scary things that you may come in the post you can ask for help and it'll be a darn site easier for mods and helpers to help YOU.

 

Why didn't you think it could get to a 'defence' stage? I suspect the lack of spending time reading has something to do with it!:rolleyes:

 

For your own claim's sake, please be fully aware of what you are getting yourself into, you may well end up in Court!!!

 

Good luck!

 

WXXX

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Even if it did go to court, which is very unlikely based on the vast majority of cases, the case would be heard in your local court as you are an individual and they are a company.

 

All claims go through Northampton before they are allocated.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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