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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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Hedgey v NatWest **WON**


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... and they've just moved house. Imagine the poor deers, living out of boxes...

 

Bless them, doesn't your heart bleed??!!! ;)

 

Thanks for the support again guys (steven, choco, archer & tempty) - you need every bit you can get at this stage methinks! It's still fun.............. but scary fun!!

 

Claim Update:

Allocation questionnaire received from the court today (kind of hoped I wouldn't get one, but there you go!)

 

I'm assuming that as my total claim incl. court filing fee and 8% stat. interest is just slightly less than £1,500 I don't need to pay the AQ fee? If so, form will be completed tonight and posted off tomorrow!

 

Fingers crossed again!, hedgey xxx

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Don't forget the draft order for directions. You could also consider an order for strikeout on the basis of abuse of process

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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yea hedgey it wont cost anything

just go for the draft orders on the new allocation thingy see if itll push them quicker to pay out

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Completely forgot about that! Thanks guys, I'll download that and get it sorted tonight as well.

 

Can I really go for strikeout on abuse of process? Sounds even scarier than all this!!!!

 

Methinks I've got some reading to do tonight 'eh!!! xxxx

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Can I really go for strikeout on abuse of process? Sounds even scarier than all this!!!!
Yes, people on the Abbey thread do it routinely and some on NatWest and others have too. What you do is, in section G (H if its an N150) you put
Please find the following documents attached to this allocation questionnaire;

1A) Section G - other information

1B) List of settled cases

1C) Text of order made by Lincoln County Court

1D) Mullen -v- HackneyBC (1997)2 A11ER 906

2A) Draft Order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on xxxx

For attachment 1A you put this

1A) Section G – Other Information

 

The Claimant respectfully requests that an order may be made as follows;

 

1. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.

 

On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.

 

Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

 

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

 

Please find attached a copy of an order made by LincolnCounty court (attachment 1C) in at least 10 cases similar to my own involving various high street banks. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer (attachment 1D)

 

2. In the alternative, should the court not be minded to strike out the defence, and if the claim is to proceed to allocation, the Claimant respectfully suggests that special directions may be made as per the attached draft order (attachment 2B).

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

I would aver that if the Defendant has the serious intention of defending this claim at trial, as is indicated by its defence, that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as small claims track cases in Leicester, Derby, Chesterfield, and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe that the outstanding issues are of fact. Accordingly, I respectfully request that this claim is allocated to the small claims track, and would estimate that the hearing of the claim should last no longer than one hour.

I'll PM you about the other attachments - it's simpler to e-mail them than post them - if you want to use them, that is. Attachment 1B is the usual draft order.

Steven

 

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Thanks steven! I'll PM you my email address.............. I think this route is definitely worthwhile pursuing. Gives cobblers something to do instead of twiddling their thumbs as well! :rolleyes:

 

Hedgey xxx

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Assuming they can find your case in all the cardboard boxes of course

 

Steven

 

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Almost everything I know concerning the law I learned from this site

 

 

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Nervous now enaid!! But good nervous................ and scary excited!!!!

 

I'm kinda hoping they've lost all my stuff now - it can stay at the bottom of the cardboard boxes for me!! ;)

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I'm kinda hoping they've lost all my stuff now - it can stay at the bottom of the cardboard boxes for me!! ;)
No you don't - you want your money

 

Steven

 

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No you don't - you want your money

 

Absolutely! And with a cherry on the top please!! ;)

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yea hedgey u dont want them losing anything!

soon be rich girl u go get them

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Hedgey, forgive me hun for busting on your thread, but seeing as they closed mine, humph, I thought I had to post on here to put several thousand out of their misery.

 

TODAY I RECEIVED AND SIGNED FOR A CHEQUE IN FULL AND FINAL SETTLEMENT FOR JUST UNDER £16,100 POUNDS FROM COBBETS. HEDGEY, I WON. I ABSOLUTELY WON, I HAVE THE CHEQUE IN MY HAND. I DID IT.

 

IM SOOOOOOOOOOOOOOOOO HAPPY. I DID IT HUN. I DONT KNOW WHAT TO SAY TO YOU ALL, THOSE WHO HELPED ME, THE LOVELY LITTLE PEOPLE, AND MICHAEL BROWNE AND PARKVALE OF COURSE. YOU LOVELY LOVELY PEEPS, ITS OVER, ITS DONE, ITS FINISHED. I CANT THANK YOU ENOUGH FOR YOUR HELP. BUT THIS IS JUST THE START. PLENTY MORE UNDER WAY.

 

I won. Thank you all, so much, and goodbye.................. Fendy xxxxxxxx

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Fendy

 

CONGRATULATIONS

 

ps nice to see you

pps Hedgey - your turn soon!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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I DONT KNOW WHAT TO SAY TO YOU ALL, THOSE WHO HELPED ME, THE LOVELY LITTLE PEOPLE, AND MICHAEL BROWNE AND PARKVALE OF COURSE. YOU LOVELY LOVELY PEEPS, ITS OVER, ITS DONE, ITS FINISHED. I CANT THANK YOU ENOUGH FOR YOUR HELP. BUT THIS IS JUST THE START. PLENTY MORE UNDER WAY.

 

Not to forget Bankfodder, site owner. ;-)

 

Congrats, luv, I'll change your title for you (again, *sigh* :-D)

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CONGRATULATIONS, CONGRATULATIONS action-smiley-033.gifaction-smiley-033.gifaction-smiley-033.gifaction-smiley-033.gif

FORTUNE FAVOURS THE BRAVE AND YOU WERE.

WELLDONE HEDGEY AND GOOD LUCK.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Parkvale - a little confusion - we are using Hedgey's thread to congratulate FENDYWEATHER (for reasons best left unsaid)

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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Fendy,

 

WELL DONE AND CONGRATS FOR STAYING THE PACE!!!

 

Hedgey, apols for gatecrashing but best wishes good luck to you also!!

 

I have added an "I want a refund" avatar in honour of you both.

 

g

Gr4th

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What can I say. Thank you so much to everybody who has cheered me on from the sidelines. IM TRULY GRATEFUL.

and cant believe I am holding a cheque in my hand for such a large amount. I will be using it wisely. Honest. Thanks sooooooooooo much you lovely forum members and bank claimants. And keep at it. If I can do it, anybody can. Honestly. AND SPECIAL THANKS TO MICHAEL BROWNE AND PARKVALE, YOU TWO ARE MY HEROES. STILL ARE............. ALWAYS WILL BE................... MY THANKS TO YOU IS IMMENSE AND FROM THE BOTTOM OF MY HEART. AND NATTIE OF COURSE, BUT HES GONE NOW, BUT IM VERY SURE HE KNOWS IM GRATEFUL.

 

SOZ HEDGEY FOR BUSTING YOUR THREAD HUN. IM SORRY.

 

BUT DIDNT KNOW HOW ELSE TO LET EVERYBODY KNOW. THANK YOU AGAIN ALL. IM THE HAPPIEST BUNNY ALIVE TODAY. PURELY FOR JUSTICE. NOTHING ELSE...................... I CAN WALK AWAY HAPPY THAT JUSTICE HAS BEEN DONE.

 

Starting claim number 2 now with Contractual now. Lol Lol. See ya around peeps, you only need ask Hedge where I hang out now if you feel the need to know. All the very very very very best to you all. Keep the faith, the process works. Honest. Fendy xxxxxxx

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FENDY WELL DONE.

Fendy dont know why u have had to hijack hedgeys post, but huuuuuge congrats on your win. enjoy every last penny and have as many wines and curries as you can stomach you deserve them... i will miss you and your random mutterings and im sure most of the other caggers will too,

go now and enjoy xx

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Fendeeeeeeeee!!!

What can I possibly say? Congratulations seems nowhere near good enough today!!! This goes down as the best thread hijack ever............ ever, ever, ever!!!!

 

I'm so immensely chuffed for you and really proud of you for sticking it out to the end even after your hopes were raised and dashed the other week.

 

Soooooo............ to a complete star of the Nat West Forum.............. CONGRATULATIONS Fend, it couldn't have happened to a nicer woman.

 

Lots of love as always,

Hedgey

xxxxxxxxxxxxxxxxxxxxx

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Fendy, I will tell Nattie the news(i am him in his alter ego, he he!) Hedgey you know where the voice of the natwest banker is when you win and I am waiting for that day which i hope is shortly to come. Fendy, I remember a night in the now closed chat room where you were not sure of continuing on. You called me a woman I believe shortly afterwards on your now closed thread!! I said to stay positive and you will win. I continue to say this across charges forums where i post. Fendy, you know i will help you with claim two, I think i have already.

Hedgey, sorry that we have all dipped a bit off topic on your thread BUT we now await the victory that will come to you. I hope that it does not keep you too long. Keep up the good work you do, you know my thoughts on how you have digested Nattie's thread and understood them as well as anyone. Hedgey, I will help as and when you need to but I think you know that now.

To everyone else, as fendy has said BE POSTIVE, BE PREPARED and YOU WILL WIN. Sorry hedgey just could not resist with the advice just one more time on the NatWest thread.

I came I saw I helped. I could do no more.

 

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Well done fendy, great to know that its worth the effort. I`m sad that your version of war and peace has been curtailed....very sad, perhaps someone will explain to me why? one day... shame.

Don`t you leave me hedgey i`m still struggling, can`t manage on me own. bob m x

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