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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 
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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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Court Date Set – 27th March 2007


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Finally I have a court date set – the hearing should take no longer than one hour! - I am claiming just £300!

How should I tackle the court letter??

The claimant shall file and serve

Copies of anyy statement or other documents relied upon as showing that each and every charge repayment if which has been made

A Statement of the claimants own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

The defendant shall file and serve a response to the list of charges claimed by the claimant, stating in respect of each item claimed:

Pursuant to what contractual provision such charges were made, producing a copy of the contractual document relied upon;

Whether such charge is accepted to be a penalty, and if not, why not;

If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trail as to what the true cost of dealing with the matter was.

Two questions

How do I tackle my part, and is the judge asking the bank to divulge how it arrives at the charge / penalty figures?? - the court is Leicester.

I am looking forward to my day in court.

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

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The dates are as follows…

The claimant must file before 7th January 2007 !!!

The defendant must file before 6th February 2007

The case to be heard on the 27th March 2007.

FYI - The Judge made the order on the 28th December but the court letter to me was not typed until the 18th January. I contacted the court on the 19th Jan and they said that they were behind with the paper work!!! But to get my response in ASAP and it will be OK ??

I will be writing a separate letter of complaint to the court over the delay in typing my order out – this is not acceptable IMO.

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

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As long as it was the courts fault and not yours, then yes, you should be fine. Exactly the same sort of delay happened in my case - with those same directions as well. You need;

 

a) a schedule of charges,

b) a statement of your evidence. Amend to suit - http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482151

 

It did'nt ask for your statements then, no?

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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Thank you Gary - As I understand I need to provide proof that the charges were actually made - I will send off copies of the stement sheets with the charges highlighted as well as a summary sheet.

 

I am also being asked for a "statement of your evidence." so I will use your template - thank you very much :)

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

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As I understand I need to provide proof that the charges were actually made

I beg your pardon, yes - I misread. Usually those directions ask for a) a schedule, b) evidence charges have been made, c) statement of evidence.

 

Send a schedule as well, just in case.

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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