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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.
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      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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What Happens Next?


jebbymot
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I've handed in my N1 Claim form today at my Local County Court - (2 copies along with the schedules of charges) along with a Court Fee Exempt form.

 

A lady looked at the forms, vanished for a few minutes with them, then returned where I was handed back a photocopy of the Claim form which was stamped with 'RECEIVED 15 FEB 2007'

She told me All was ok.....I left and that was that.

 

As the Court Reception was very busy, plus being in over awe of the whole situation, I completely forgot to ask any questions as to what happens next.

 

What does happen next? Do I have to do anything else?

or have I forgotton or missed out something? When will I hear anything...??

 

Can anyone tell me?

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You will receive a Notice of Issue from the courts, then Acknowledgement of Service, the Allocation Questionnaire and Defence.

 

Usually you have nothing to do for around 6 weeks, until AQ.

 

I take it you used the particulars of claim from this site.

 

You must read these, it describes the stages in more detail:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Post up what happens next or any questions and the advice should ensue.

If I have been helpful please click on my star and add a comment.

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Thank you Guido and Milk Tray for your links - very helpful indeed, plus I know a bit more now and what to expect next.

 

In retrospect, and in relation to my claim, I did not claim any interest.

Simply because I did not know how to do it and how to work it out etc...(never been very good at maths and those spreadsheet things) So I've lost out on that.

 

Hindsight and info is a good thing!

 

Anyway, lets hope they pay me for what i'm claiming for.

 

jebbymot

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A week has passed since I filed my N1 claim at my local County Court and having not heard anything back yet, I rang the court a short while ago to see if they could help me.

 

A man on the other end of the phone told me that 'he could not find any details of such a claim made by me'...even though I have a stamped copy of the front of the N1 stating RECEIVED 15 FEB 2007

I asked him what he meant by this and what he thinks has happened to my Claim Form to which he replied 'he didn't know - and that someone from the Issuing Department would call me sometime later today'

 

What if they have lost it? I am worried now :confused:

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Sadly this is not that unusual, the courts are in a bit of a disarray at present.

 

Have you received the Notice of Issue from the court yet?

 

If they have lost it, then you will just have to file again, nothing to worry about, just a small delay.

If I have been helpful please click on my star and add a comment.

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You should have it by now, but it does depend on how busy the court are.

 

If they do not phone you back and advise they have it, by say, Monday of next week, then file again. But claim interest this time, the statutory 8% is easy to calculate - I will help you with it.

If I have been helpful please click on my star and add a comment.

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I did not receive a telephone call as promised from the Court yesterday or this morning so I telephoned them again a short while ago and spoke with someone in the Issue Department.

 

I can confirm that my original Claim Form together with my Court Fee Exempt Form handed in to my Court on 15 FEB 2007 cannot be traced.

According to the Court they have no record of these documents and said they appear lost or misplaced. :x

 

They apologised and said that I will have to submit them again.

 

 

Just as well I checked with them - otherwise i'd still be waiting and watching the letter box for the 'notice of issue' to drop on the mat.........all in vain!

 

 

** I STRONGLY ADVISE that anyone who has been waiting for 7 days or longer for their 'notice of issue' to arrive from their County Court to telephone them and check if they have actually got it! (received the N1 from you).

Especially more so if you sent it by post.

 

Do not always assume or rely on the Court that it is doing it's job properly.

Similar to the banks, THEY CAN MAKE MISTAKES TOO - which I have found out.

 

 

If in doubt..........check it out!

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  • 2 weeks later...

Finally received a Notice of Issue from the court today.

 

 

 

'Your claim was issued on 26 February 2007. The court sent it to the defendant by first class post on 26 February 2007 and it will be deemed to be served on 28 February 2007.

The defendant has until 14 March to reply'

 

 

 

I tried telephoning the court today to see if Nationslide had acknowledged and filed a defence etc - but I could not get through as the switchboard was constantly engaged. :-|

 

 

I will try again from tommorrow morning onwards!

 

 

Prelim letter sent 16/01/2007

Letter Before Action sent 31/01/07

N1 Court Claim on 16/02/2007 - Penalty Charges £420

N1 Court Claim re-submitted 26/02/2007 + 8% .....after court losing first one!

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Exactly Eggo'.....and they lost/misplaced the first one!:rolleyes:

 

However, Nation have until 14th March.

 

If by that time they have not reacted/acknowledged/put in a defence etc.... then i'll go for judgement against them first thing on 15th. But i'm sure they are waiting to the last possible minute of deadline.

 

Also, if they, in the interim send any letter relating to the closure of my account, then I shall force them to close it...rather than me acting upon their request and in their time period.

 

Another Court issue will be filed against them!:)

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Quick update.......

 

 

Court have told me that Nation have 'acknowledged' but not put in a defence as of yet.

 

 

More stalling and delay tactics from them??:rolleyes:

 

 

Prelim letter sent 16/01/2007

Letter Before Action sent 31/01/07

N1 Court Claim on 16/02/2007 - Penalty Charges £420

N1 Court Claim re-submitted 26/02/2007 + 8% .....after court losing first one!

Acknowledged 02/03/2007

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I have just checked my account online and 'low and behold'.....2 payments have come in! :shock:

 

 

One for £420.00 and another for £27.92 ....named as 'corrections' ....... :D

 

I'm in shock! :o:eek:

 

 

 

''Off down the pub now quick for a stiff drink to settle me nerves'' ha ha!

 

Jebbymot :D

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