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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
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    • 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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Boris303 v's Barclays


Boris303
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Hello, my story so far, and could do with a little help please?

 

I already had statements going back to July 1998 showing charges from that date, but as i thought i could only claim charges as far as 6 years i only added the 6 years of charges (£3250) with the statutory interest for those charges at 8% (£705.94) and then sent my first letter on the 24th January 2007 asking for my money back.

 

Then then sent a standard letter saying they were looking in to this and would get back to me by the 23rd February 2007, they did reply by the 23rd February but only offered £1000 as full and final settlement of my claim.

 

I have replied to the saying i would only accept the £1000 as part payment for my claim and still intend to claim the amount claimed together with interest up to the date of judgement and court fees through the county court.

 

Now they have not replied as yet, and so it looks as though im going to have start court action.

 

This is where im getting a bit worried, i now know that i should claim for all the charges i have statements for, even if they go back further than 6 years. So what do i do now?

 

Should i recalculate the charges and reissue them to the bank? Or not bother and just file a court claim with the additional charges i have found included?

 

I started on another site, and then found this one which is far superior with stacks more info, i wish i found this one first.

 

Is it too late to change my claim to them?

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From how I read it, you have only got as far as the LBA ????

Reconsider claiming more than 6yrs, Unless you are very determined it could be a lot of hassle.

I would start things by registering with MCOL and yes add your interest at this stage.

just think all that lovely money with your name on it. mmmmmmm

 

good luck

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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My advice is that perhaps you should just claim for your 6 years worth first. Claiming further than this is more complicated and much more likely to be defended by the bank. You can always claim the rest at a later date after some research in the process.

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Thank you for your replies,

 

Right now this is where i am up to.

 

Whilst filling out the N1 court form, and then realised i have made a mistake on my original spreadsheet i sent to Barclays requesting my money back.

 

I have missed a few charges, but also calculated charges going back 7 years and not the 6 as i should have.

 

So i need some help please?

 

What do i do to correct this mistake? Do i have to send them a revised spreadsheet? Or can i just carry on with my claim for the whole 7 years, and then let them spot it if it went as far as court?

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I'd revise the spreadsheet and use those figures on the N1. You'll be sending another copy to Barclays after the claim is issued (and also a copy to the court) so it'll all come out in the wash.

 

For the sake of simplicity keep it to the 6 years as recommended above.

If in doubt read the

FAQs

 

If still in doubt - ask!

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  • 2 months later...

Right, I revised spreadsheet showing charges for only the 6 year period. Then filed my court claim using the N1 form.

 

Barclays have entered a defence against my claim and the file was referred to judge for further directions.

 

The district judge has then ordered that, the claim is referred to the London Merchantile Court.

 

Can somebody tell me whether having the claim referred to the London Merchantile Court is normal? Or what this may mean please?

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