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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.
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      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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Mercantile Hearing 20th Feb.


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Hi, I was against barclays @ mercantile for 7th feb @ Leeds. Barclays settled out of court as did most of the others. I will post my cmi sheet for you to cut and paste and edit for your cases. Also you can claim costs as you're now litigate in person. this is £9.25 per hour and a fair estimate is 20 to 30 hours. HTH

Jenny

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Sorry got sidetracked...heres the sheet...

Case Management Information Sheet

Before His Honour Judge Kaye QC

 

 

 

 

 

Part Filing: Claimants Jenny Barton - case number 6ls40692

Solicitors Acting: Claimants in Person

Date 07th February 07

Substance of case

1. The Claimant seeks repayment of unfair & unlawful bank charges and interest.

Parties.

2. Yes

3. No, although Leeds County Court may link other claims.

 

Statements of Case.

4. No

5. Yes. We believe CPR 18 may only become necessary if the Court directs other than to a Small Claim. However, the Defendant has insisted the Claimant complies with the Defendants CPR Part 18, the Claimant therefore seeks the Court to order full disclosure and breakdown of the administrative cost incurred in applying the said charges.

 

Disclosure.

6. Within 7 days of being requested by the Court.

7. No

8. Yes: List of charges made to claimants accounts and in respect of every charge, a breakdown specifying the amount of actual cost to the defendant and the amount of profit added, resulting in the total charge made to the claimant in each and every charge.

9. Yes:

10. (i) Within 7 days of Courts directions

(ii) Within 7 days of Courts directions

 

Admissions.

 

11. No

Preliminary issues.

12. No

 

Witnesses of fact.

 

13. One

14. Claimant

15. Claimant

16. Within 7 days of Courts directions

17. No

 

Expert Evidence.

 

18. No

19. No

20. No

21. None

22. N/A

23. No

24. None

25. N/A

 

Trial.

 

26. 1 hour

27. Within 4 weeks of Case Management Conference

28. Leeds County Court

29. No

 

A.D.R.

 

30. No

31. No. The banks have so far refused to attend hearings being content to take

the full period of the process before settling at the last minute.

32. No

33.No

 

Other applications.

 

34 None.

 

Costs.

 

35. Claimant in Person costs £9.25 per hour 25 hours research & preparation £231.25

36. Claimant in person costs £9.25 per hour 30 hours research & preparation

£277.50 by the end of trial.

 

 

Signed Claimant

 

 

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