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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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Diary of an impatient woman!


Philomena100
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I have not heard of this scenario before! When I received the defence notification on mcol I just had to wait until the notification of transfer to my local court. I may have missed something here but it sounds a bit fishy to me! Who exactly set this deadline? The court or DG?

Anyway if it is a case of getting a letter there before tuesday then I would employ a private courier who will guarantee to get it there on time and have it signed for. You will have to pay for this but it is worth it and you will probably be able to claim the cost of it back if the court or dg has been negligant in informing you of what they required.

Good luck!

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[quote=Castlebest;759102

 

Freaky we are way over the boundary’s of a normal claim with this DG have used a defence that isn’t right and Phil is in danger of loosing her claim… but she wont cuz we are here

 

pete

 

Pete,

Sorry if I am missing something but whatever defence DG has used, a copy should have been sent to Phil! Yes? No?:)

 

It would be useful to know what it says on the defence!

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Just read the whole thread again and I am lost as to whats happened! Surely the courts don't accept DG or HSBC word that payment has been made? It should be down to the claimant to halt a case due to being paid?

I will leave this one to the mods and site helpers.

I really hope it works out for you Phil.

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Hi Pliny, you say

 

"Those that don't often find themselves having their claims struck out much to the detriment to the rest of us."

 

Is that right as I have not read anywhere about people having thier claims struck out. I am interested in reading these cases. can you point me in the right direction for them?

Thanks, Freaky.

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  • 2 weeks later...
  • 2 weeks later...

Filed claim on 24th feb. Court date set for 20th June. 3 nudge letteres sent and no reply!

 

So frustrating the waiting.

 

Ask the bank for a short term loan for the ammount you are being refunded!!! LOL:lol: :lol: :lol: :lol:

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Thats a court date (actual hearing). I sent my 3rd nudge on friday so may hear something this week! Thing is I am away for a week from wed onwards. Oh well, may be a nice supprise waiting on my return.

 

You just need to tell yourself that you have won and the money will be here anyday soon.

Forget about it for a while.:D

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I would ring dg again in the morning. As you have had an offer and you have accepted it, I would have thought they have to pay you. The guy at the court is just following orders by the sound of it. As lat says, it has not been 10 days yet so check the post and check your account in the morning.:)

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Now just hold on there just a godam minute!

You have done all the hard work and received an offer. You have accepted the offer. They now owe you that money. If they don't pay you, send in the baliffs. I am sure there are threads somewhere on this subject that someone will point you to if you need it.

Why would you want to go through with this listening thing when oyu already have your offer?

Ring the court and ask to halt the hearing until after the summer. So what. You will have your money by then either through normal process or the baliffs. I am not sure how long it would take using baliffs but I would have thought it would be fairly quick.

Now calm down dear and have a large sambuka, kick back and chill for a few hours1

Think positive:D

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No i don't think it will speed things up. Lets say you hadn't had the offer or accepted and it went to hearing and was judged in your favour. They would then be liable from the date of that judgement to pay you. You would then have to wait another 10 days oor so. But you also might still not receive it then and have to send in the baliffs.

As I see it they are now obligated by law to pay you what they offered, so just chase it up and put the brakes on the court stuff.

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Ypu have reached the end! You just want the money now! Chase that up and forget the court side!

This is only my oppinion based on the information I have learned from other threads. I am sure others will either back me up or not very soon.

Please stop worrying so much. I am feeling stressed for you. It will all come right very soon.:)

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Hi phil, i have been trying to get on here for the last 3 hours. Just seen the news and now I know why. Take no notice of the lloyds win, he obviously wasn't following direction from this site.

I have to go now cos off to sunny greece for a week in morning.

I hope you don't all miss me to much:)

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