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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.

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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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Jan v A&L won 24/8/07 - in spite of stay!


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Any comments ?

 

Am I correct in thinking S69 can really only be awarded by court?

 

I have just checked they have offered all charges plus court fee .

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I have a case with A&L case was stayed - but have hearing tues to have lifted.

 

After nudge to a&L and Sol they have just phoned with offer for all charges plus court fee - no S69 interest

 

Advice please - am I right in thinking only court can award S69 interest

 

shold I ask to see terms of offer before accepting

 

I obviously should call court - do I ask themjust to ajourn hearing until I have the monies?

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Oooh, things are movingicon10.gif

 

You are privileged Jan ... thought it was their policy not to make 'phone calls:rolleyes:

 

Yes, have a good think .. the interest can often amount to a lot. In normal circumstances I'd advise to hang on but, at the moment, it has to be a question of do you need the money now, or can you hang on for x number of months? There's a possibility of course they may up their offer very soon ... who knows.

 

Anyway, good luck and keep us informed. I'm so pleased you've had an offer ... that's great newsicon10.gif

 

Mimi x

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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S.69 interest can only be enforced by a Court, but you can use it in your negotiations if you want to - you are entitled to it, but it depends how much you want to settle for their offer or continue and risk losing.

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Thanks for your reply - glad there is someone out there!!!

 

 

Its suprising how you get tongue tied however long you have been preparing for this - my total claim including interest was £1468.00

 

They offered £1322.50 .

 

I was pretty sure reading a post in the dim and distant pass that the courts were responsible for final say on S69 - but on the original step by step instructions it says dont settle for anything else.

 

So I took a big breath - after letting them stew for an hour and said.

 

I know in the past your settlement figures have included S69 8% interest.

 

My total claim is £1468 - I will settle for £1400.00 as full and final offer - subject to the written conditions with the offer. In return I will ask the court to ajourn the case, not cancel to give me time to consider your conditions with the offer.

 

They have just called me back - and agreed.

 

So I have won :D :D :D

 

 

Jan

 

Thanks everybody

 

For all your help

 

donation to follow

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Dont worry - I negotiated my self and got the offer up.

 

 

Case Won

 

Just faxing court to let them know.

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Suprising even after all the preparation how tongue tied you get!

 

I took a deep breath after letting them stew for a while

 

basically said I know you have settled including S69 interest before and I have incurred a lot of costs bringing this claim - so my counter offer is £1400 ( total was £1468- they offered £1322.50) subject to the conditions of your written offer. In return I will ask the court to Adjourn the case pending approval of any conditions attached to the offer.

 

They just called back and agreed!!!

 

 

Also A&L just called me as I complained about Wragges unprofessional behaviour yesterday:D

 

So I have won-

How do I get my thread title changed??

 

Jan.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jan

 

A million congrats. This gives us all hope that we can go forward, even in the light of the OFT case!:D

 

You deserve every penny!:)

 

All the very best - Adam

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Sincere thanks to everybody who has helped me over the last few months

 

 

Especially Mimi , alice , william ,jen, kay , Jess ,squarebob my new friend Adam and all those who have posted on my very long thread and very especially to Michael Browne whose threads have been invaluable

 

I hope I dont get too lonley up here in the successes section and a few more join me soon. If anybosy misses me tell them where I am:D

 

I will donate as soon as I see the dosh!!!

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Congratulations on getting this far Jan!

 

You now need to box them in on the agreement you've came to, to make sure they stick to their side of it.

 

Don't forget to fill the survey in (link at the top of each forum page) once they've settled...

 

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yes I have only postponed the case pending wording of offer.

 

Not quite at the finishing post yet - but I can see it!!!

 

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thanks

 

I was a bit shocked at the first call and not prepared ,but having a bit of time to think I went back in more confidently.

 

Sad for others though - looks like they have a battle on their hands - some of the banks are playing really dirty.:mad:

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Jan.

 

Well done you, You really deserve this win, hopefully the rest of us A&L freedom fighters wont be too far behind. Well done i'm sooo pleased for you. xx

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Congratulations!!

3 threads merged

 

please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far :-)

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FANTASTIC NEWS JAN

icon10.gificon10.gif

 

You deserve this sooo much with all the hard work you've put in, as well as finding the time to help others.

 

Now don't forget that wasted costs application ... (not that I think for one moment you will!)

 

 

Mimi x

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Hi Jan,

 

I thought I'd visit at your thread for a change. I'm keeping clear of mine for the moment - not sure who to trust.

 

I had a private mail about my thread a couple of days before the news broke trying to get me to co-operate on a BBC story but I didn't respond - two days later my identity's out on the BBC news website. I call that suspicious.

 

Anyway Jan, I reallly wrote to say congratualtions and glad you won. It's a shame you never got to put the arguments we discussed before the Judge. I'd love know what the outcome would have been. That's easy for me to say when it's your money! It's great news and I'm very happy for you.

 

Good luck and enjoy spending it.

 

With kindest regards,

John.

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