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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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thenanny v HSBC!! ***WON***


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look at syd's mom's thread - i put 3 statements of evidence on there somewhere - to show how to make it personal to your claim - the original is in the court bundle for dummies item 3 the link is the new strategy post 55 first letter copy it - then make it fit your claim by looking at those 3.

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If you do need a bundle it is needed for the court and the solicitors. If the court don't want it, don't bother for the solicitors, but check it out first with the court to be sure. If you don't need it, then don't worry about it. If you haven't been asked for a statement of evidence then you don't need that either. Just do as the court ask and don't second guess them. If it's a directions hearing of some kind you shouldn't need this at the moment, but take your time and prepare properly for the time when it is needed.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Jo, listen to me.

 

1 Take a deep breath.

2 You are in control.

3 The bank are in your headlights.

4 You are taking the bank to court and they fear you.

5 Follow the court instructions, no more, no less.

6 Plan what you will do with your money.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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oK i HAVE PRINTED EVERYTHING OFF ( i THINK)

 

What I'd like to know, as I have been reading other posts and now a bit confused, is do I have to alter the date on my spreadsheet so that the interest calculated stays same as when I filed MCOL or do I leave it and send latest spreadsheet in to both parties??

 

Please advise

 

A very nervous Jo x

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Unless the court have asked you for a bundle you should not send it to them. The Bank Templates Library has a copy of a standard court bundle and explains how this should be set out, but there is absolutely no point in sending it until you are asked for it. There is no urgency at all to this.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Caro

 

All thats stated on the Court allocation letter is that:

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely on at the hearing no later than 14 days before the hearing.

 

Which incidentally I missed as all this should've been in last Monday but i was snowed under at work and forgot!

 

Jo

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Okay fair enough. I looked back at your thread and could not see that. I don't think it matters what date is on the schedule of charges, as long as it is clear what date it is up to, and the daily rate that needs to be applied when settled. The more up to date it is, the easier it will be to calculate the settlement when you get it. Make sure you claim for your SAR assuming you did one.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I think if you can put it in a file it will be easier for the court to refer to it. Is it properly numbered and indexed?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Looks like you're on the home run then. As it is late is there any chance that you can take it in to the court personally and apologise for its lateness due to your oversight? If not then just try and get it in to todays post.

 

If you haven't had the banks bundle, I suggest that you fax or email them to remind them that you haven't had it, and ask if they intend to send one or would prefer to pay you the full amount of your claim, with a reminder of how much that is to date, and how much a day it is going up.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well its proof of what you are saying on your schedule so just the ones with charges on would be a minimum but I would just whack the lot through the copyer and stick them all in rather than trying to sort them.

 

pete

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gr8, will be lucky if i get this in the post tonight! Got to number that sodding things yet and number index sheet. Grrrr. Why oh why didnt I do this earlier, oh yes I know, was working on building my business up.

 

To anyone else reading this......get your court bundle organised ready for printing off if need be!

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Thanks everyone for your help.

 

Only just got back on my pc freaky as AVG firewall wont let me connect to internet unless I disable the damn thing, kinda defeats the object a bit, can anyone offer any assistance ?

 

Took Court bundle into Court this morning and plan on ringing DG to let them know theirs has been posted.

 

Also want to ask up until I am in court on wednesday can I still add any more bank charges I may get inbetween now and wednesday or not??

 

Jo

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