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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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Homershairdo versus Lloyds TSB - I want my money back


homershairdo
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Gone back through previous paperwork, all consistent in their reference numbers. I have also emailed MCOL just so I have something in writing, so like you say. all bases are covered. I would be interested to hear what jon700 et al found when they phoned, as he was in the same boat, so to speak!

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Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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hi homer i too phoned the court to which mine has been transferred to and they have nothing on the system but they said to call again on thurs as it may be in the system!!! will keep you updated if anything happens regards jon

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this is on the tutorial on mcol if its any help

 

 

Making a counterclaim through Money Claim Online

If the defendant has a claim against you (a counterclaim) he can make it online or by completing the N9B in the claim pack.

The defendant can only make a counterclaim online if he is filing a defence to all or part of the claim.

Where the defendant files a defence and a counterclaim, but has not paid the court fee for the counterclaim (or gained fee remission or fee exemption), we will transfer the claim to the appropriate court. We will inform the defendant that if the counterclaim fee is not paid within 7 days to the local court, then the local court may take steps to strike out the counterclaim and we will copy this to you for your information. Before you commence work on a reply to a counterclaim, you are advised to check with the local court whether the counterclaim fee has been paid.

Ladyhawk

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  • 2 weeks later...

Allocation Questionnaire returned to the court yesterday.

 

If I get cold feet and want to pull out, can it be done?

 

Cheers,

 

Homer!!

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Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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Course it can, but why would you want to do that? Be strong, the force is with you, etc. :)

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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  • 4 weeks later...

Providing HHD didn't cancel the claim.. I reckon the AQ deadline was a week or two ago. If it's SCM dealing with this for Lloyds, it's highly likely that they put they wanted a stay for a month to attempt settlement out of court, and also to make sure that worked they said they were 'busy' for at least the next month.

 

Of course they might have just settled.. but that would be too easy :)

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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