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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
      • 161 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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Offer From Bos


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Hi all,

I filed the court papers and tha BOS have got till the 29th jan to respond,i am claiming for £732 +interest+court fees.I recieved a letter from bank last week offering me £432 +interest+court fees but there refusing to pay me the other £300 as they say there in dispute about this.I've checked my spreadsheet i sent to the court and everything seems fine.Has anyone had this before?I think its just an attemt for me to accept there offer,anyone got any thoughts?

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Hi all,

I filed the court papers and tha BOS have got till the 29th jan to respond,i am claiming for £732 +interest+court fees.I recieved a letter from bank last week offering me £432 +interest+court fees but there refusing to pay me the other £300 as they say there in dispute about this.I've checked my spreadsheet i sent to the court and everything seems fine.Has anyone had this before?I think its just an attemt for me to accept there offer,anyone got any thoughts?

 

What is it they're disputing? I submitted my claim on Monday at Lanark Sheriff Court (£735+int.+costs).

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Hi

I just ignored the letter and i went to my to check my bank account on the 7th day and they put the £432+interest+court charges in but no sign of the disputed £300.But i am expecting a letter today from them to tell me if im going to court or not.

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hi when you sent your lba did you file court papers at the same time cos I sent mine away and my 14days is up on the 7th and Ive not filed court papers yet. I thought you did that on the 14th day. Can anyone advise?

Thanks

 

File after the 14 days are up

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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Hi all you guys having fun with BOS. How about this for fun and games I filed a summary action against BOS for £ 1500.00 plus interest and costs etc. Hearing day arrived no word from BOS so I thought Good i d on't have to go to court.I was in the court filing other papers and was told BOS decided to defend my action. So Court day arrived and when I had an earlier case against RBOS. The judge was a visiting Judge and without going into the whole situation. One reason I had not paid any payments on my C/c was because I had paid a payment of £ 1341.00 in April 2006 and never received any statements or receipt that the payment was received. After telling the judge the story I said Probably he would not like to make any payments after not receiving receipt or statement. Where upon he barked at me not to say what he would do or not do!! that gave me an idea what type of person I was going to be dealing with!!. When the BOS case came up. The judge asked who was defending no one replied He then looked at a lawyer ( one who normally defends both BOS and RBOS) and asked if he had any word. The lawyer replied that he had not heard anything whereupon the judge told him to go downstairs and find out if any of his fellow lawyers had heard anything. Then at coffee break or when the judge takes time out and leaves the court. The lawyer went downstairs on his return he said no one had heard any thing so he phoned BOS and they said they had lost the papers!!!! and asked for a couple of weeks extension. When the judge returned I asked if there was not a rule that if a defendant did not appear at the court they automatically lost the case. Whereupon the judge barked back at me that I was not going to tell him how to run his court. After he heard that BOS wanted two weeks extension he asked me if I would agree. I said no but mybe one week but was wasting my breath as they wete going to be given the two weeks. I was right they were given two weeks. After the two weeks were up we were back at court this time another visiting judge but a far better one. A fellow whose case came up before mine and against BOS. The defnding lawyer a young girl said that BOS had said that their fees were just and fair. The judge then told her he was extending the case for a coupleof weeks and by then BOS had to come up with reasons why £ 30.00 charges were fair. In my case BOS had phoned me earlier in the week. Unfortunately while I was having my breakfast. I told him to phone back in an hour when I would be in the office and would have all the papers ready. I waited for four hours and no phone call.Later that day I phoned B T as hey have a service where calls can be barred if no number is given so I went for this service as I get so annoyed when someone phones and I miss the call and find that there was no number/. So in court the lawyer defending said that BOS had wanted to settle but the phone call was barred. The lawyer had the settlement figures but they did not allow for loss of earnings and travelling expenses or court expenses. I was looking for £ 150.00 per day two days £ 300.00 The judge said he did not think the court would allow that high a figure and extended the case for a further three weeks for me to get the proper charges. I also wanted £ 500.00 for distress caused by BOS. However I may nt get it we will wait and see. Sorry this has been so long and drawn out

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Out of interest Texel what court was this??

I filed with Edinburgh Sheriff court today... im hoping for a smooth ride but im certainly prepared to turn up for my day in court if needs be. The judge sounds like he has no time for 'charge claimers'.... typical.... on his salary its unlikely he'd be in our shoes though!

 

Good luck keep us posted!

** BOS claim 1 filed 5th Feb - awaiting outcome**

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Thanks for your email sorry Iwas so long in replying my telephone line has been out since 11th. Dec 2006 owing to a fault in an underground cable BT screwed up because they did not apply to the roads dept for permission to put up traffic lights until just before Christmas:mad: so Turriff got ahead and BT had to wait until 10th. Feb For odd periods of time my computer would come on line for a coup[le of mins than go off but it has beenh off for the past several days so I did not get your email until today. But now all going well it is fixed. now to answer you question. I deal with Perth Sheriff Court. Everyone seems to know me now as I have been ther so many times. One has to be careful of certain judges some are great and others are b-----. I had one ( a visiting judge who was a ba-----) I was sueing RBS and 0one iof the reasons I had not made any payment on my credit card was because. Christmas 2005 I was rushed to hospital for surgery I had started getting ill in Sept of that year so was not of a mind to pay any bills etc. On coming out of hospital and when I was allowed to get back in the business world I sold my cottage and in Ap[ril 2006 paid off some crediticards and brought every other up to date. This card I paid £ 1341.00. Never got a statement. When I told the judge I said he probably would not like to make any mor payments without a receipt!!! Whereupon he barked at me that I can't say whathe would do.

Later when we were starting them BOS suit. There were no defence lawyers!!:| Whereupon the judge asked one of the lawyers present if he had heard any thing as this lawyer often handled RBS and BOS cases The lawyer said he had heard nothing then the judge told him to go down stairs and see if any otherlawyers had heard anything. So at coffee timeor half time when the judge leaves the room. The lawyer went down stairs. Before hand when there was no sign of any lawyers for BOS I asked was there not a ruleone side does not turn up at a case the other side winsHe barked at me saying I was not going to tell him how to run his court.:| So before coffee time was over the lawyer phoned BOS they said they had lost the papers and asked for two week continuance. When the judge heard this he saked me if I would agree. I said no but maybe would allow one week but as I said to the judge he would give them two weeks anyway which he did. Two weeks later it was a different judge and he was much better. BOS wanted to settle but I did not like the amount so said I wanted more. I thought that after all the trouble BOS had caused me they should pay for invome loss and travelling expenses which I said was £ 150.00 per day. The judge thaught I would never get anything like that amount. It is the sheriff clerk who decide that matter. SO I ;owered my amount to £ 75.00 per day now going to be three days and £ 500.00 for distress etc. However I wouldrely on what the court decides.:oops:

let me know if I can be of further help

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