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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
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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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comicmankev v Abbey ** SETTLED **


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  • 2 weeks later...

Just got home to read my letter from the courts, slightly different from yours! Mine is a 'Notice of Allocation to the Small Claims Track (Hearing)'. And among other things it says that a date of September 21st has been set for the hearing of the claim.

 

All mine says about further info is 'Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing'

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Well done,

An inspiration. :grin:

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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Just received my payment by 'cheque' but missing the extra £100 for AQ fees. They have not replied to my email either. Just emailed them and told them I was not going to send in my signed letter or cancel the case until this had been refunded - lol

 

I also put in the email that I would be making a second claim for the further £150 in charges that I have had since the claim! They will never knock us down!

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No, the letter stated that I will automatically receive the money and when received return the signed for to confirm receipt? Sorry for the multiple posts above, I guess the forums are a bit busy after GMTV and throwing all sorts of messages at me - lol

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Congratulations comicmankev

 

Thats absolutely brilliant news......... well done! Pleased for you!!

 

At which stage did you give the court the breakdown of charges? I think this may be whats holding mine up?

 

 

You may laugh, but I never actually gave the court a breakdown. In my original claim I said that I had supplied it to Abbey and if the court if anyone else wants to see it then Abbey are the people to talk to as they hold all specifics on my account!

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Well Done Comicmankev. Another success story. :)

 

Jayne

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Well done Kev - another one bites the dust!!!!

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Karnevil - to answer your (very) earlier question, the total refund given so far is £1984.65 - plus I can hopefully add the £100 AQ fee, but still no reply. I guess I'll just have to bite the bullit on that. But I will leave it until the last minute! Now on to my second claim - as you say KE, it is fun now, rather than stress! This certainly has done my bank balance a world of good, and hopefully if I can just clear a few more minuses then I can really help others out!

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Good to hear you're sticking around. Not sure what to do about the AQ Fee.... I think the solicitors are quite busy with abbey claims - I'm not getting replys from them either - like WHERES MY CHEQUE ??????????

 

It is fun. I look at the banks in a new light now............

 

Hi Karnevil,

How long have you been waiting for payment, just wondered because DLA were supposed to have posted the letter of settlement to me 2 days ago..still not received anything, I am seriously considering filing the AQ.

 

Jayne

 

PS Sorry for the hijack

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Thanks Karnevil,

Just beginning to wonder if this is yet another stalling tactic. I warned DLA that unless I received a response by today, then I would file AQ, where I would claim for full amount interest etc. They did respond, obviously agreeing to settle, but nothing since...

Sorry, If you want to reply to any of my posts, I think It had better be in my thread!! Otherwise CMK may not be too pleased!!

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Still no response regarding the extra £100, but I still havnt returned their letter or told the court. I go away soon, so would like to clear this up before I go. If they do not respond, does anyone know if it will send the wind up them if I do not tell the court they settled (- the £100), what would happen if I just left the court date as it stands? (Not that I'm gonna do that mind you, just wondered! lol)

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Well done Comicmankev - sorry I didn't say anything earlier, we've been on holiday. Such a lot to catch up on. Anyway glad you stuck with it and got your money back. Don't let them, get away with the other £100. Interestingly we have had nothing from them in the 2 weeks we've been away - perhaps they have got too busy!!

 

A very big well done and I expect you are relieved the bulk of it is over now.

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Please

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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