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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
      • 160 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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Heyho! I ** Won !!! ** Ostrich v Abbey


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OK, I spoke to the Court and they've said it's too late to get an adjournment! The funds are in my account but they're not due to clear until Monday 5th (the day of the Court case!!). I've told the Court I'll know by midnight on Sunday night (or just after) if they've cleared or not, and they've said I need to fax the court by 9am on Monday morning to withdraw the claim.

 

What a palaver! I don't have a fax machine at home and I have no idea how I can fax them at that time of the morning.

 

The Court lady was most unhelpful. Talk about p'ing on my fire. :rolleyes:

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Sorry to jump in on your thread - congratulations by the way!

Do you have a local Library nearby - they all have fax facilities there. And they're open Saturdays. Failing the availability of a fax - phone the court and get the Court Clerks email address and send an email confirming the withdrawal - ensure you've got a read recipt request and high priority marker on your mail.

Either way - you've got a proof of time sent and received to confirm your withdrawal.

 

Well done again - encouraging thread and great result!

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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well done!! My submission date is the 7th for the 22nd in court, and I have both claim hearings on that date, so I'm hoping that in just under 3 weeks I will be celebrating!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Well done you - that makes it all worth while when we hear stories like this.

 

Did you claim for prep time of the court bundle?

 

Lets hope i get a call from abbey before the court date - really dreading going into court!

 

Who's the best person to speak to regarding settling the claim early? i don't know who's dealing with my case.

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Perseus, good thinking. Thanks for that. I think I'll just make sure I phone the court and also do the emailing, requesting a read receipt. I've also decided to send them a letter today explaining the situation, so hopefully it'll get to someone who knows what they're doing!

 

Keren, best of luck. I'm sure you'll be celebrating. I'll be back to check!

 

Rachel, I didn't claim for prep time for the court bundles, I thought that might be taking the p1ss a bit, but if you think you'll get away with it, go for it! I didn't even get a call from Abbey about the settlement, the letter just arrived yesterday. I had no communication whatsoever with them by telephone, just the standard letters from the templates library on here. I don't even know anyone's name at Abbey, the settlement letter was simply from 'Abbey', not a named person.

 

Villafan, go for it. It's a bit time consuming getting all the paperwork together for the court bundle, but once you sit down to it, it's not so bad. And it's worth it when you get all your lovely lolly back at the end!

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Just have to wait til midnight tonight to see if the funds have cleared, then cancel the court case which is scheduled for 10.30am tomorrow. Boy, they sure leave it til the last minute to settle!

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