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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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time4action v Lloyds TSB ***WON***


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(I take it this is the court bundle that I have to prepare?)

 

Yes See here:

 

Court Bundle

Basic Court Bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

 

So what happens about what I have just submitted

It will be added to your claim file

 

and why have they made this decision without considering it?

 

It would still have been the same decision
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WON!!!! :D

With slight complication :(

 

Received this letter today from ****:

 

'We refer to the above matter and confirm that our Client will be settling your claim within five working days by depositing the sum of £1056.34 (inclusive of interest and fees), into your Bank Account.

You are advised at this stage that by our Client meeting your Claim on this occasion, this is not to be treated in any way as an admission of liablility. This is merely an attempt to resolve the matter amicably between the parties concerned.

We therefore trust you shall write to the Horsham County Court to confirm that the claim has been settled once the funds have been received and provide this office with a copy of the letter for our Client's records.

 

You may note from previous posts on this thread that when I originally submitted my court claim I calculated the interest wrongly applying flat 8% interest instead of contractual and swindled myself out of about £150 in the process! I had already received a General Form of Judgment or Order from the court basically requesting I resubmit my Schedule of Charges so I did so showing the new amended interest amount and submitted a covering letter pointing out that I had specified in my original claim that I was claiming s.69 County Courts Act interest but had merely calculated the amount wrong. This was copied to both the Court and ****. The day after I posted it I received notification from the Court that the claim had been allocated to the Small Claims Track and I should prepare my paperwork for my defense. They obviously sent the notification out before they received my new Schedule of Charges and since then I have received nothing from them to say that it has not been accepted.

 

I called **** today and pointed out that I had resubmitted my Schedule of Charges with an updated interest amount and copied it to themselves and the Court. I also told them that the Court had not rejected my new Schedule (technically true as they have not contacted me) and that they actually needed to pay me £1198.12. The chap I spoke to at **** said this had probably been forwarded onto Lloyds and as they had agreed to settle the claim 'they would probably pay the additional amount'.

 

Technically it's my own fault for putting the wrong amount and if I am honest I am quite relieved it's been settled without the ordeal of going to court. Do I take the pain and accept what they have offered as it was my mistake? Or should I write and say I will accept the offer providing they pay the full amount as per my updated Schedule? If I do this will the Court stick it's oar in and say 'hang on you can't change the amount of your claim'. Advice please? :confused:

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Oh dear - not been on the forum for a few days and just been reading all the posts on here about Lloyds having just won their first case :( .

Perhaps I should just take what they've offered and run - after all the interest thing was my mistake anyway and they have paid out most of what I wanted!

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If they have paid you the full amount as stated on the claim form plus the daily rate of interest plus fee's, then you should take it.

 

Submitting an amended schedule does not amend the value of the claim - you can only do that with a formal application.

 

Besides, you didn't "diddle yourself out of £150" by not claiming CI - you actually potentially saved yourself a court appearance.

 

Well done. I've changed your title to WON for you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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CONGRATULATIONS !!

:-D :-D :-D

xXxXx

(I agree with the others ... except it)

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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same as ..i agree with the others...you can only ammend the claim submitting an N244 @ £35... and then there is no guarantee the judge will allow it.... im doing that myself now for approx £900 as i failed to transfer all of the figures in the POC to the summary boxes!!! DOH !! and its a lot of extra hassle...for £150 i would leave it and take what you have!!

 

 

well done and congratulations

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Thanks for the advice everyone! Yes I agree I have accepted the offer - I am quite happy as I have just got a grand in my pocket that I wasn't sure I was going to get and avoided going to court to get it! :D

 

Time4action

 

DPA letter sent 15th December 06

Bank claim and Schedule of Charges sent 23rd February 07

LBA sent 13th March 07

Court Claim through MCOL issued 30th March 07

Allocation to Small Claims Track 9th May 07

Lloyds settle in full out of court 15th May 07

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