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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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I Have A Court Date Please Help


james76
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I received the same not so long ago, tell them you accept as part payment but will continue to pursue their client through the courts for the rest. if you owed the bank £5566 would they accept a one off payment of £2600? I think not

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  • 3 weeks later...

Hi Could Anyone Give Me Some Advice. In December Cobbetts Made Me A 50% Offer As A Gesture Of Goodwill. I Turned This Down And Within A Couple Of Days My A&q (questionaire) Form Arrived From The Court With A Deadline Of The 2nd Of Jan 2007. I Made Sure My Form Was In On Time But Cobbetts Have Failed To Get Theres In On Time, Is This Just Another One Of There Stalling Tactics And If So Can I Do Anything About It.

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Since AQ's originate with the Judge I think it unlikely that they would risk the case just to stall.....could be a strike out here for Cobblers m'be? Default win? I'm no expert, mind.

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Sadly this is all too common and means little. It is highly unlikely that this will result in a strike out or default judgement as the Court will simply allow extra time to Cobbetts and what's more - Cobbetts know this.

 

You will need to contact the Court again and see if the AQ has been filed, which I am sure it will be and go from there.

  • Haha 1

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 2 weeks later...

Hi There I Got My A&q Form Into The Court For The 2nd Of Jan Deadline But Now It Has All Gone Quiet And I Am Getting Nervous Thinking I Am Going To Be The First Case To Go To Court Can Anyone Shed Some Light On What Happens Now

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Panic not James. I was 2 weeks away from my small claims hearing and about to file my documents that I intended to rely on at Court and with Cobbetts. I telephoned Cobbetts and was shocked to hear that they had accepted my counteroffer (they offered me about 75% of what I was claiming). In my counteroffer I hit back and said it would cost more than the difference between my claim and their offer to instruct a Barrister and thereby costing their client more. They conceded this and increased their offer to match my claim, but without any admission of liability.

 

I've never heard of one case getting all the way to the small claims hearing.

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  • 4 weeks later...

Hi There I Am At Court Stage Now. I Had To Get My A&q Form In For 2nd Of Jan I Have Just Had A Court Date Through For The 18th Of April But This Is Taking Forever As I Sent My First Letter To The Dreaded Rbs At The End Of June 06. Is There Anyone Else Out There In The Same Position Or Is There Anyone Who Can Offer Help As The Waiting Is Driving Me Slightly Mad

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I Have Had My Court Date Through For The 18th Of April Can Anyone Help Me I Am Feeling Nervous But Also Just Want This To End As It Has Been Going On Since June Last Year Is There Anyone Who Can Offer Some Advice As To What Happens Now And Are Cobbetts Likely To Make A Full Offer

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Hi James,

 

initially seeing as your case wont be heard until April you dont need to do that much apart from stay on this site and read,read and read some more.

The more you prepare yourself with information the better, read lots of threads similar to your case and learn from them.

Check out all the statute and the legal side of things.

In my experience the vast majority of banks pay before the hearing, especially if you write to the legal team and say you are more than willing to save court time, and would except an out of court offer.

However dont get soft (as they will expect this) they reaise alot of people start to get nervous before court and want to settle, though they want it more than you trust me ;-)

 

best of luck

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

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