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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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Sharkie - V - Woolwich ***SETTLED IN FULL***


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I have just filed AQ and have received my notice that Woolwich have to file theirs by 29th January.

I never received my statements from my S.A.R. I actually received a breakdown of all charges, balance at date etc.

 

1. Is this what others have received.

 

2. Will I need all the statements for the case.

 

3. What is the average stage that Woolwich will go to.

 

 

Sharkie

Sharkie

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  • 2 weeks later...
  • 1 month later...

Hi Sharkie

 

Firstly, congratulations, great to hear Woolwich has settled.

 

Did they offer you the full amount or did you accept a lower offer from them? If they did settle for the full amount you were claiming, to what stage did Woolwich go before settling?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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CONGRATULATIONS

 

Did you let us have the Litigation details for this claim? I can only find your other 2 claims in there....

 

Don't forget our SURVEY too!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

I just filled out the form as per http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Although I used the older version before the version with the draft directions.

 

Its a fairly proven set of steps, don't rush, stick to the timescale.

 

Don't hassle them, if yours is with the Woolowich (Barclays) they will have a lot of problems especially after the program the other night.

Balance pressure against results, you need them to be chasing you, don't be in a hurry to enter a judgement against them.

 

Any help give us a shout.

Sharkie

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Do you usually post yours to the court, or drop it in, there is some thought that leaving it until almost the date, could possibly save you the fee if they make an offer, therefore, if you hand deliver you can literally wait until the last minute.

I believe they will file their AQ as well, they tend to go quite a way down the line before settlement, unfortunately Barclay's will be swapped within the next few weeks due to the program the other night, and as this gradually filters through, they will miss the odd deadline, due to backlog.

 

The "don't hassle" them bit is if you start to phone them and email them it will distract them from what they are meant to be doing.

 

Stick to the tried and tested route, follow the timescale, as I said they will more than likely file their AQ so ensure you file yours in time, there is no harm in waiting, in case they offer.

A brief email to remind them that you have received your AQ and have to file it by #### and that you intend to, and then a basic "for information" listing of your claim to date, e.g. claim value, s.69 interest, costs, total, then leave them all the contact information.

 

They may respond.

 

Keep it brief, it works.

Sharkie

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What is the email address and phone No you are referring to sharkie??

 

DELBOY

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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