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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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Costs


Bicester1
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Hi everyone

 

Good start to the New Year with MBNA settling my claim in full at the MCOL stage a few days before the deadline.

 

Doing some background reading of Patricia Pearls book and I note with interest -no pun intended- the statement at the begining of chapter 6 with regards to costs:

 

"Further sums may be allowed if the District Judge comes to the conclusion that a party has behaved unreasonably"

 

This is interesting because on page 115 one of the examples given of unreasonable behavior is:

 

" pulling out of a case at the last minute where there has been no change in the circumstances."

 

This would seem to describe the baviour of many of the banks so maybe we should all be asking for costs as a matter of routine?

 

A litigant in person can claim £9.25 per hour for preparatory work in making their claim but costs must be proportionate, still every little helps!

 

Has anyone claimed costs apart from court and allocation fees?

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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" pulling out of a case at the last minute where there has been no change in the circumstances."

 

 

I'm not sure that 'pulling out' of a case is the same as settling a claim. I rather think that this would apply to you as the claimant if you suddenly decided to drop your claim and the bank could then apply for their costs.

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The other thing to consider is that the judge cannot possibly award costs if the case is not before him/her. If anyone is considering this option, perhaps because the bank dances around, you have to be sure that the bank will actually attend the hearing, sometime, before requesting a costs award of this nature...

 

The banks are good at engaging in semantics, and they would likely respond that this is trite law, and therefore unacceptable...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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You need to attend court to obtain an unreasonable costs order - such an order is at the discretion of the presiding District Judge

 

In practice, settling the claim in full beforehand will not consitute unreasonable behaviour on the part of the bank unless its literally a day or so before the Hearing.

 

If they Defend the matter but fail to attend Court on the day of the hearing, this would be more likely to generate an unreasonable costs order.

 

Re: Chris' query - the maximum expenses you can recover in a Small Claims action (ie. a claim under £5k) are £50.00 (a bit unfair if you lose out on a days earnings / holiday/ etc)

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You need to attend court to obtain an unreasonable costs order - such an order is at the discretion of the presiding District Judge

 

In practice, settling the claim in full beforehand will not consitute unreasonable behaviour on the part of the bank unless its literally a day or so before the Hearing.

 

If they Defend the matter but fail to attend Court on the day of the hearing, this would be more likely to generate an unreasonable costs order.

 

Re: Chris' query - the maximum expenses you can recover in a Small Claims action (ie. a claim under £5k) are £50.00 (a bit unfair if you lose out on a days earnings / holiday/ etc)

 

I was under the impression that cpr 27.14 g allowed the court to award whatever costs it thought fit?

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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I decided that I would ask the court for costs, on the grounds of Barclays unreasonable behaviour. I had incurred £60 of expenses (ink, paper etc. for the document bundle, plus train fares & postage) and the rest was calculated at £9.25ph. They paid me £300 (ex gratia of course). for anyone who's interested in taking a look at the relevant part of my thread - its here http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/30300-bong-barclaycard-10.html#post490515

 

I think that although they said I wouldn't get an award if it went to the hearing - they wouldn't have paid it if they thought I really didn't have a chance. I'd say ask for it.

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If you would like to see a claim for costs that was successful you need to check Whizzy's claim against Abbey.

 

I attended the hearing, and although he did not get the full amount of his costs awarded, the judge was determined that Abbey should pay something, and that they should understand that their stance was unreasonable...

 

The main issues when applying for costs are that a) they are for a reasonable amount and b) that you have all receipts needed to justify your claim. A costs award is not about "making money" but simply recovering your justifiable expenses in attending court and preparing for the hearing...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just in response to Glenn UK's points

 

When pursuing a Small Claims matter, you are usually entitled to recover court fees and fixed costs.

 

You can also claim back witnesses expenses to a maximum of £50.00

 

If the court awards an unreasonable costs order, them further expenses can be taken into account when assessing the appropriate award

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I can see you all having a nose....lol

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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