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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
      • 162 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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Urgent Help Required Pleeeease !!!!!!!


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Hello , i am new here having gone through the early process through moneysavingexpert.com templates etc , i need some help please , i have received the alocation questionairre , Nationwide have entered the defence as 1. the defendant admits that the claimaint and my partner jointly opened an account known as flexaccount with the defendant on 11.10.04.

2. in or about january 2006 the account was transferred into the sole name of my partner , consequently the claimant is unable to make a claim against the defendant in respect of charges debited to the account .

 

the account was transferred into her name right at the end so they are right there , when i made the claim i made it in my name only , what do i do now , have i messed this up completely , i am desperate to keep the ball rolling , PLEASE HELP , THERE MUST BE SOMETHING I CAN DO

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thankyou,when i say at the end i mean the account was only in her name for say the last two months therefore from when we opened it in 2004 to say maybe december 05 or even jan 06 it was joint , it was just the last couple of months it was in her name , only £70 of £1850 related to the account in her own name , can i still amend the claim now its past the moneyclaim stage and is at my local court , well its at the questionaire stage anyway , when i filled out the allocation questionaire today i put a note in stating exactly what i just told you in this post with regards to the account being in sole name for only a couple of months , obviously i havent sent it back to the court because i was hoping to get a reply on here tonight , if its simply a matter of £35 that seeems the best bet , from my point of view it sems if nearly all the charges were levied when it was a joint account why should i not be able to claim , maybe it would be better to just addd my partner to the claim , Thankyou so much for your help , it really has got me worried now because i can ill afford to throw away the £120 i paid already and now another £100 to the county court just for nationwide to get off on a technicality.

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I personally think you would be advised to apply for an amendment. Although I'm not 100% sure, I don't think Nationwide has much to gain by defending on that basis if it were not right. If they are right and you don't amend, you will probably see your claim struck out so its better to be safe than sorry.

 

Heres a guide to amending your claim (halfway down the 1st post) - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html. It was originally meant for amending Particulars, so you'll have to change the wording slightly to suit. Everything you need should be there, but if you get stuck let us know.

 

File your N244 along with your AQ. The court should then approve your amendment and order Nationwide to file a new defence. It will delay things, but its worth it if it saves your claim being struck.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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thankyou gary , but what is an n244 , all i got sent was the alocation questionaire , where do i get an n244, is this something i should have got or is it just something to help us when challengine the banks, thankyou all so much for your help , i REALLY DO APPRECIATE IT

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Follow the link I gave you - the N244 form is linked from there.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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thanks Gary , all the other facts etc i have so far supplied on moneyclaim online sucjh as template letters filled in with my claim details are correct other than the names of claimants as so am i right in thinking all i want to amend is the names because the link tends to also mention the template letters regarding my claim , all these i submitted are still correct , can you just clarify you agree that all i am asking for is an amendment to include both our names and then we are up and running again and is it a good idea for me to send a copy off my own back to nationwides solicitors just so they know they are now fighting us as a couple opposed to individual , if you could just clarify these points i think i am ok

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Apologies, but you won't need to amend your claim after all. It turns out that as you are a representitive party with the same interest, you can bring the claim on behalf of your partner.

 

Instead of amending the claim, add an attachment to your AQ something like this;

[You] -v- Bank Plc

Claim No:********

 

ALLOCATION QUESTIONNAIRE - Section G attachment

 

The Defendant in its defence contends that this claim may not be brought as the bank account in question has recently been transferred from a joint account into the sole name of my partner, *******.

 

I wish to draw the courts attention to Part 16 of the Civil Procedure Rules concerning representitive parties. In view of rule 19.6, I would respectfully request that this claim is allowed to continue as I, the claimant, am a representitive party to the shared interest of the account in question. Additionally, the majority of the bank charges at issue were debited at the time when this account existed as a joint account.

 

Please find [below/attached] the signed statement of my partner, ******, confirming that [he/she] wishes [his/her] interest to be represented by me in respect of these matters.

 

Then add below or on a seperate sheet something like this, signed by your partner;

I hereby confirm that I wish my interest in respect of the claim number ******, to be represented by my partner ******

 

Signed

 

Dated

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary , your an absolute star and i thankyou from the bottom of my heart , once i have finished with them i to will spen time helping others . should i send as copy of all the amendments etc to nationwides solicitors

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