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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
      • 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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Gem vs Capital One ***WON***


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Well Cap1 acknowledge my claim today. Hopefully not too long to wait now.

 

One thing I am a bit worried about though. I think they may put the money into my account/on my card. We dont owe them anything and dont use the card need the money in my bank. I did state to them when the sent me an offer that any monies are to be paid by cheque but if they do just put it on the account how easy is it to get a cheque off them instead?

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  • 3 weeks later...

I WON I WON I WON I WON

Well I wont count my chickens before they hatch but I went home today to find a letter on my mat saying they are going to pay the full amount claimed. A cheque should follow in the next 14 days. And a bit more by the looks of it. Amount claimed £1124.15 including court costs and 8% but they are sending me a cheque for £1146.52. Dont know where the other £20 came coz the interest was only something like 17p a day. But hey I'm not complaining.

:D

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Thanks to you all for your help and support. Still 2 more to go yet though.

Lloyds and monument. But this has given me a really boost to get on with it.;)

Do I have to send a letter or something to cap one saying I accept but wont tell the court till the money has cleared?:D

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It is a great feeling I can hardly believe it. was getting worried after the news at the beggining of the week with lloyds. thought they might all decide to let it go through court or something.

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Thanks paintball. I will be celebrating.

Hopefully I should have it by the end of next week then. I shall send my litigation details as soon as I have banked the cheque. I will be waiting for the postie with baited breath.

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Well no cheque yet. I recieved the form from the court saying they had defended saying they have settled in full which I have to send back by 20th June. Cap 1's defence was also enclosed. A bit concerned though as they have put someone elses name in one paragraph refering to the account. I am hoping it was just maybe from the letter they sent before mine and forgot to change the name on that part. Either that or this other person has my money :eek:

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Cheque arrived today. unfortunatley cant put it in the bank now till Tuesday :mad:

 

I am just hoping I can pay it into our joint account as it has my husbands name with 'ONLY' written after it. :confused: Hence I have to wait till Tuesday so I can hand it over the counter dont want to risk putting it in the paying in box just in case!!!!

 

Dont supose anyone knows do they?

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Thanks Paintball.

I shall take it down the bank on tuesday and see what they say.

It is very true just a matter of being patient and sticking to your guns.

 

I am going to tackle Lloyds next. Very nervous about that one though it is for a lot more money and seems like alot of people end up attending court (even though Lloyds dont turn up). :(

 

Now I have this money I can afford to take Lloyds to the next step.

 

You have all been so much help thank you.

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Well I put the cheque in the bank yesturday and yes they did let me put it in the joint account.:D

 

Just have to check in a few days that it has cleared.

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