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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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Smellipants v Abbey


Smellipants
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  • 2 weeks later...

I've just received a 'Notice of Pre Trial Review' from the Court.

They have set a date of 13th July - is the 'preliminary hearing'?

Is this the date when they decide directions? I didn't receive any with the letter so I'm not sure if there's anything else I need to do at this point.

If I have to wait for 3 months just to get directions, is there anything I can do to speed the process up?

Thanks in avance :)

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Hi Nick - thanks again for your much needed advice (as always!).

I'm not sure if this is the same thing as Sam78s'.

It appears he had a directions meeting letter, whereas mine is a 'Notice of Pre Trial Review'

I've done a bit of reading on the forums and noted the post on 'Prelim/Directions hearings', but there is not much in the way of 'Pre Trial Reviews' - are they one and the same? (Seems odd that they'd use different standard letters for the same procedure).

Ironically one of the few I did find, is scheduled for the same day in the same court! I'll be keeping an eye on Oyster's thread until then http://www.consumeractiongroup.co.uk/forum/hsbc-bank/79943-no-aq-straight-pre.html?highlight=trial+review

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smellipants, here's the Court's own procedures : CPR - Parts and Practice Directions

I Googled "CPR trial review" and it came up with the Multi Track rules, but you are SCC. So I suspect that yours is a good old Preliminary Hearing (see CPR 27.6). If in doubt, ring the Court. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Well I gave the court a call this morning asking for clarification of what I need to do, and what I can expect from the 'pre-trial review', and it does sound like a prelim hearing. The nice lady at the court basically said you'll just pop in, see the judge, and he'll decide how the case progresses from there (Sounds easy, right? :p) . I don't need to do anything further until the court date on 13th July. (Other than sift through the forums and prepare all I need to).

Now 3 months is quite a long time to sit around twiddling my thumbs; does anyone have any positive experience of sending the Abbey solicitors a letter offering a chance to settle...err.. . pre pre trial?

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  • 2 months later...

Just realised that since I started this whole court proceedings thing, the Shabbey have levied another couple of charges on my account. Question is - can I write to them saying I will be claiming these charges as well (even though the court process has started - can you change the amount you are claiming at this stage)? Should I phone them and ask for them to be refunded? Not quite sure how to play it so if anyone has any advice, be greatly appreciated!

EDIT: Since posting this I had another look at my statement, and it turned out I went 70 pence over my overdraft limit, and they charged me £50! - I had smoke coming out of my ears so phoned them up and they will now cancel those fees :)

 

PS: I sent a nudging letter to the Abbey about a week ago suggesting they might like to settle early - still waiting for a response :)

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