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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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Jetspark v Natwest **WON**


Jetspark
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SUPERCOOL AS A snow_laugh.gif. Enjoy your glory.

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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Thanks scott, not sure if i'm positive or if its just the vino takin over :D . No, i AM positive, just pleased i have had some kind of acknowledgement from them. On a bit of a high i think cos bin on a bit of a detox (not as drastic as fendy) but have given in 2 the wine calling tonite (after none for ages!!). Oh who cares, it friday, got a really busy weekend coming up (doing a car boot with kids and hopimg to make only marginally less than my natwest claim :D ) and kids parties etc. Wot with all that and now having to de-nit the eldest!! Party on down.

 

Thanks for encouragement and will keep you posted X Sparky

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Lol Jetspark............. you're well back on form honey!!! xxx :lol:

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101 now jetspark........... yaaaaaaaaaaayyyyyyyyyyyyyyyy for friday nights!!! Let's have another one for good luck............ yaaaaaaaaaaaaaaaaaaaaaaaaaayyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy!!!!!!!!!!!!!!!!!!!! :lol:

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Jetty, Please, please, you are your own person. One Fendy per forum is enough, ;)

Bless her. :)

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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Hi all, today, i am NOT my own person, i will never drink alcohol ever again!! My god, who am i? Helllllpppp! Could someone kindly point me in the right direction of a letter which says thanks for offer but have already filed at court and am now entitled to my 8% plus court costs, who do i send this one to and am i allowed to ask for a cheque rather than them credit my account? Anyone please? I have looked in the letter templates library but the way my head is at the moment they are all blending into one big word. Phew! Cheers (actually not cheers, i will never b saying that again either). Thank you kindly Jets X

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Oo er jetspark.................. here honey - have a couple of paracetamol!!!!!!!!!

 

Have a look through here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html - you should be able to adapt one of these letters!!!

 

And................. NO MORE BOOZE!!!!!!!!!!!!.................. xxxx :p

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Hi everyone, need some help urgently pls!

 

I have drafted my rejection letter to Higley and have made a slight mistake - in my MCOL my total is 300 quid more than my figure i put on my letter attached to my schedule of charges to court - god knows how i got that wrong! Shall i just put the MCOL total in my rejection letter or do i have to resubmit to the court an amended letter with the correct figure?

 

Also, am i within my rights to request a cheque for the full amount even though Mr Higley says he will put it into my account? I have said in my rejection letter that I wanted a cheque (not sent it yet).

 

Also in my rejection letter i have given them a timescale of 14 days to send me the cheque, is this enough time do you think or should i make it 21/28 days?

 

Please can someone help asap as i need to get this in the post today. Thanks very much. Jetspark

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I am a bit confused, can you post up the values, i.e. MCOL, rejection letter, schedule of charges, Natwest offer.

 

Which of your values is correct?

 

You can ask for a cheque, but the banks usually deposit the money in your Natwest account, unless you of course do not have one.

 

What you are giving them 14 days for?

If I have been helpful please click on my star and add a comment.

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Hiya sparky, dont worry about the crashing my thread bit. I dont mind a bit. Honest.

 

Right. So am I right in assuming that the MCOL amount filed for claim is the correct amount ?? or is the amount you put on the schedule of charges correct ??? or is it just the fact youve put the wrong amount on the rejection letter to Higley ???

 

IF SO WHICH IS THE CORRECT FIGURE ? If the MCOL one is correct then thats fine, no need for amendments, but you would need to send an amended letter to Higley saying, you put the wrong amount on previously due to XXXXXXXXXXXXXXx whatever reason it was, and that the new schedule letter etc. is the correct one. But if the MCOL filing amount is wrong, you will need to submit N244 amendment form and pay £35 quid which isnt refundable sadly. And you can ask for a cheque but chances are Higley and gang will pay the money direct into your account, they are within their rights to do this, even if you dont want it there........... If you can clarify above about which figure is right, ie. MCOL, or original letter or spreadsheet etc. we can help a bit more sparky.

 

Fendy xxx

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Thanks for replying, sorry for confusion.

 

Submitted my claim to court on 1 April after hearing nothing from previous two letters. Had to send schedule of charges to court to file with my claim, on covering letter i (for some strange reason) put my total claim at 300 less than is stated on my MCOL form! MCOL is correct obviously.

 

Had letter on Friday from Mr Higley offering me my original claim from LBA letter but as I have now started the court thing i now want my 8% and court costs back

 

Do you want me to list all figures :confused: . Thanks for your help

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Nope, not necessary Sparky. So long as MCOL and your spreadsheet of charges are correct, then no harm done at all. Just send Higley a new letter stating you made error on previous one i.e. state the spreadsheet was correct, but that you entered wrong figure on the total claim letter to him and court. Copy court in with the letter, stating, spreadsheet is correct, MCOL is correct, but you just needed to file correct letter showing correct amount on in total, i.e. charges, 8%, court fee etc. Send both recorded and that will clarify that. In sending your rejection letter to Higley, ensure you send it recorded and also ensure you tell him why you are rejecting it, ie because you have already filed this claim at court on XXXXX date, and now are entitled to 8% and court fee back. Tell him basically thanks but no thanks matey, I want the full amount now. You had several chances prior to filing court claim and you didnt get back to me hence why court claim was started. CASE NO: and give him the court claim number. That will be fine. Nothing else to worry about Sparky. Take Care and all the best. Fendy xxxx

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Hi Fendy, god i'm confusing myself now! This is where my disorganisation comes in, and i was sailing along quite nicely till i realised my mistake about half hour ago. I guess i need to get this right so looks like i will be sending tomorrow instead :D . Its only on the covering letter to the court that the figure is wrong.

 

Also, am giving them 14 days to send me the full amount (inc interest and court costs )because i thought we had to go by timescales? Oh my god, i have palpitations now :D

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Your error is not important - no need to fret. As long as MCOL and and the schedule of charges attached are correct that is important.

 

14 days is fine, but they will probably ignore that and your claim will just trundle on.

If I have been helpful please click on my star and add a comment.

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Dont worry Sparky about figure being wrong on covering letter to court. Its only a minor hiccup and as your spreadsheet of charges and filed MCOL claim are correct theres really nothing to worry about. Chill, de stress mi dearie................ And as Guido says, 14 days is fine to give em, but personally I would have given em 7. But continue with the claim. Dont stop it in any way, until the money is in your account................. Chin up, nearly there. Fendy xxx

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Phew, thanks guys, what would i do without you all! Well, posted amended letter to court and letter to the lovely stuart with 14 days to reply. Both recorded. I think i may ring them if not heard after 14 days just to check. Just wanted to put in some sort of timescale for records sake, i'm sure it will 'just trundle on' but at least i will get my money at some point. I did also say i wanted a cheque, thought if i didnt ask i wouldnt get so we shall see....

 

There is light at the end of the tunnel and the palpitations have now stopped! Feeling a bit calmer now and hopefully will be able to catch up on everyone elses threads later on. Feel i'm missing out :( . Thanks again guys, muchly moo appreciated :D . Sparkie X

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Hi all, received defence and request for information from Cobblers yesterday! Where do i go from here? Cant seem to find anything in the templates or stickies as what to do :confused: . In the request for info it says they have not received details of my claim ie spreadsheet. Oh yes they have and so has the court. Am totally confused can someone please suggest where to go from here? Thanks in advance. Sparkie X

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Ok, been reading up, managed to find some stuff.

 

The defence and request for info i received was from cobbets(looks like standard, no mention of being embarassing though), giving me until the 11th may to respond to request. After reading up, i understand i either just wait (as this is scaring/stalling tactics), or reply to cobbetts with a schedule of charges and a covering letter saying i have already sent to bank and court.

 

If i do nothing and the 11th May goes by, what happens then?

 

Do i have to calculate daily interest or does the court do this?

 

At what stage can i add on the £128 they have charged my account since my claim was submitted?

 

Thanks Sparkie

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