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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Loulou29 v Abbey


Loulou29
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Im sure your doing it right Lou.! I can see it! To respond click post reply!

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Stick to the timescale that is laid down by law, their complaints procedure is about as effective in resolving issues as powdered water solving a drought problem. So let the time tick by and count the days till you get the cash!

  • Haha 1

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  • 2 weeks later...

The FOS (financial ombudsmen service) are who youd make a complaint to. Heres a Link!

You can accept any offers they make as part payment towards the full settlement and until you are satisfied, proceed with court action.

Smoothy

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Get your friend to contact the courts explaining what the bank offered and that your friend accepted it as part payment but that they wish to continue until full payment has been received. When it goes in front of the judge make sure your friend has proof of how much they paid as this will prove that they failed to offer the full amount.

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  • 4 weeks later...

i did mine yesterday and it fits...ill pm it to you

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Always a pleasure

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  • 3 weeks later...

Lol...it stumped me too!

Have a read of this, itll help put you at ease.

They always reply with intend to defend but cough up at the last minute so stick to ya guns!!

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  • 2 weeks later...

They all intend to defend the claim......its a time wasting exercise Lou.

Stick to your timescale and its more than likely they will pay up at the last minute. Dont be too eager to press the ENTER JUDGEMENT button either. Let them have 28 days to file a defence plus a couple for good measure.

All good things come to those who wait!

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They Have filed a defence......or intend to defend. Im in the same position with Nationwide. Their 28 days is up next thursday and their solicitors have submitted to the court that they intend to defend although no defence has been submitted. Yesterday I got a letter explaining a partial refund and not for the amount i am claiming so I am currently writing acceptance of this amount as part payment only and I shal only cease persuing the claim when it is settled in full.

Im wondering if Shabbey have actually filed a defence if youve not received anything......

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This is also another delaying tactic. They buy time by getting the case transferred and in doing so hope you will lose your nerve. Stick to your guns and ensure that your claim docs are watertight. Did you send the courts and Abbeys solicitors a copy of your schedule of charges?

If youve done all that is expecte of you, then relax and await the outcome. IF and its a really big if, they do submit a defence, then post it here and well see just how eager they are to persue it.

Try keep calm (not easy I know!!) and let them shoot themselves in the foot!!

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If youve not received a reply from their solicitors, then abbey themselves must be dealing with it and therefore a schedule of charges shouldve been sent to them else how do they know what it is you are claiming for?!!

It may be best if you can scan their defence and post them here (remember to remove any private info etc) Then perhaps someone more qualified can comment on your best course of action.

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Thanks michael

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