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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
      • 161 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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Nick v MBNA ** WON **


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I am gathering all the info required for County Court but is it better to do a MCOL or a N1 filed at my local County Court just round the corner?

 

Hi Nick, up to you really but you can submit more information on the N1 filed at your CC. The MCOL only has room for so many words.

 

Whatever's easier is the answer really!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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it must be us!!...........

Kingmils vs MBNA

 

Blimey! What a result Bird!! :D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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What did Kingsmill do to get it so easy?! Definately one for beginners to read and ask advice, as well as Battleaxe, Cornucopia, Ladybird etc etc! :)

 

Soon be time to file at the county court and thinking of going down the MCOL way (handwriting pretty poor and can follow on line I believe?), where do I include the court costs?

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Like you my first LBA expiry to the mbna on the 8th March. I think I am going to give them a letter giving them a further 7 Days and that it. MCOL here I come.....

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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The 7 day runs out tomorrow, and I phoned them today and they said they will come back to me tomorrow...if not I told them I will take it to the small claims court. I have filled out both MCOL and N1 and all the required information, just got to decide which one is better!

 

Good luck! :)

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Have you had the desired effect, or are you now having to pursue them through the courts.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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No luck!! Not really surprised though, especially after reading other threads. :rolleyes:

 

MBNA keep mentioning FSA guidelines about time to reply, ie the standard 28 days. I have talked to the FSA and there may be some truth which leaves me wanting to double check what is on the FSA website before I procede to court.

 

I have all the documention ready so reckon by tomorrow afternoon I can either do an MCOL or N1 in the County Court!! :)

 

Any news on your LBA?

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Sadly no, I think I am maybe in the same situation. Now you mentioned the FSA site I going to seive through it tommorrow. I know a FSA Compiance officerf for a insurance company.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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I wish I had not started to look into the FSA, there seems to be a lot of guidelines about when they can respond!

 

Been busy with work visiting various different parts of the country and not been able to do a lot with claim so will have to send it out tomorrow when back home!!

 

Let us know how it is going. :)

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Hi MBK, just been writing on your thread!

 

I phoned on Monday saying that I wanted a response and they said I would have it by friday (tomorrow) (28 days by FSA guidelines!). I told them that I cannot wait that long and they would have till tuesday evening and they said they would comply. No Phone call so I was going to sort out MCOL or N1 (small claims court), does not matter as I have both ready sets of forms ready for a fight! Then worst luck, work got in the way and been away since wednesday!!

 

Now that I am back I will wait for the post thing tomorrow morning, then will call them am for response and if nothing then I will do an MCOL, print off all calculations, timelines of conversations etc etc and send to Northampton for them to view.

 

Here goes!! :)

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Got my fingers crossed for you. I goin going to send another final letter before action giving them a further 7 days and then thats it I think i have been reasonable after that time.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Yep, I agree with you, don't bend or they will take advantage!!

 

I would advise that anyone stick to a timetable....prelim, one LBA for 14 days, one further LBA for 7 days and then court. In the next LBA make sure you include something like....

I require repayment in full of this money and you have 7 days to respond before I issue a claim at the County Court.

 

Give them a a call during the 7 days and say that due to their delay in responding that you feel that the only way you can go now is via a court and hopefully they will sort it out and see what they come back with.

 

Good luck and fingers crossed! :)

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Nick I hope you got some good news at last. Sending my 7 day LBA out today. So really looking for the inspiration now. I havent filled in a N1 yet can you give us some tips or even some tips on MCOL.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Hopefully good news is in the post to me but we shall see!!

 

Check out the template section, it is very helpful and will guide you on how to fill out both. Both very easy, just remember to claim an extra 8% on interest (see the text on template) and also for the N1 easy to copy text into a word document, alter to what is required, copy and paste onto each section of N1 and then print (if you have it print to PDF and you keep information you have put on as sheet is read only).

 

Good luck and maybe call them early next week to ask what is happening.

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I have got to speak to colin at the mbna on monday so will see what happens.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Just received the letter and seems they are refunding all they owe!! I will wait for the cheque to be sure!! :)

 

 

Congratulations I am hoping to hear from MBNA today on the phone ( if they ever ring me back ). Did you claim your intret back too.... ?

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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