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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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Me vs Clydesdale


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I've written PA and LBA but to no effect at all.

 

They have written back each time politely ignoring the lawful charges issue and just saying they were in line with T&Cs of the account.

 

Today is ACTION day, so I'm claiming £520 in charges from them.

 

I'll let you know how it goes.

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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  • 1 month later...

Clydesdale have offered less than half (£210.75) in settlement. They have also filed acknowledgement of service.

 

I think they are going to go to court. Bring it on!

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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I have recieved the defence from Clydesdale. It looks much the same as the one sent recently and tagged to the Whistleblower documentary. I wonder if they are worried about the effect this is going to have in court.

 

I now have to fill in the allocation questionaire.

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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mazza

 

The wordings of most of the defence statements are done to fit all claims they receive. This is why you sometimes see that some statement may not be directly relevant to your particular case.

 

They are playing a game. Their game will soon be over.

 

Good luck

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Clydesdale have now offered the full ammount plus court fees but without statutory interest. I have written to them already asking for the full ammount flat. I shall do so again (Interest is nearly £100).

 

Are they worried? I think they must be.

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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I have put in the alllocation questionaire with the new 14 day limit suggested draft order.

 

I was about to spend hours doing court bundles for 14 days later until I read a few more threads and realised that I don't have to do that until the draft order is issued. I think I might start getting the bundle ready anyway, so I am nimble on my feet and ready to roll if the draft order is accepted......

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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Mazzab, the judge in my case agreed to the draft order but gave each side 28 days to comply, so i had plenty of time to do the bundle, the most time consuming job was my statement of evidence. The rest was printing and filing 550 pages into 3 bundles Phew !!!

 

Today is the last day for YB to submit their bundles but surprise surprise :rolleyes: they haven't bothered

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  • 1 month later...

The mighty wheels of justice turn slow and grind fine....

 

**.04.07 Judge R L Hendicott: "upon courts own motion etc." "of own initiative, without hearing etc" :?

 

It is ordered that:

 

1) Directions will be given by Judge G Hickinbottom on **.08.07 at (*time*) Cardiff Civil Court

 

2) The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

 

I have questions :???: for the more experienced :cool: of you folks out there:

 

A) what sort of hearing is this:

Is this a preliminary hearing, final hearing, or something else?

May the court still accept the draft order at this hearing?

Is there any chance of CBs / my case being struck out? :-D/:shock:

 

B) What should I do in preparation:

Should I prepare a full court bundle?

If not is it worth going in person? - I'm free that day and I live near.

Any other tips? !!! :rolleyes:

 

C) Anyone know anything of judge Higginbottom: nice or nasty to newbies like me; Sympathetic or antagonistic on bank charges etc. (PM me - you don't want to post potential libel about a judge on site!)

 

Cheers and Lovely

 

MazzaB

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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  • 3 months later...

Now I've had a letter saying they will pay out the ful ammount without interest if I settle before the test case - which could be years. Its only gona be £100 of interest so I think I'd be best off taking the money and running!

 

Thanks for all your advice guys!

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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  • 2 years later...

2 years on and no cheque. I'm gonna chase for the interest now!

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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