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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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.
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      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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French v. Abbey (3) - Into the breach once more my friends!


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Seeing no reason not to contact Inga after a nice settlement on my last claim I decided to email her with the following:

 

Dear Ms Kirkman / Mr Basson,

 

 

Ref : Claim reference XXXXXXXX - Noddy Town County Court

 

I am respectfully requesting, in conjunction with the attached letter sent recently and attached to this email, that we can negotiate a settlement of this claim, to avoid any additional costs to both parties.

 

 

My claim currently stands at £6994.60. I have already filed my AQ as have yourselves.

 

 

I am prepared to accept £6968 in full and final settlement. This figure is a gesture of goodwill and would forgo any additional interest or costs. A condition of this offer would be that the funds are available to me in the form of a cheque by 22nd June 2007.

 

 

I would like you to note that I intend to request full costs in court and that would include all letters charged at £6.75 for printing & reproduction and an hourly rate of £9.25 for preparation time, plus all postal charges.

 

 

This has the potential to save Abbey additional expense and would be looked on by the courts as a favourable negotiation on both sides.

 

 

I believe this offer to be a meaningful and realistic attempt at a settlement and would like you to duly note as such. Should you choose to ignore this, this email will form part of the evidence submitted to the court.

 

 

Yours sincerely

Well..... here's hoping she answers it? ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Tick Tock........ I wonder if Pingu Kirkman has read it yet? :cool:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Nah!

 

It'll just clutter my Inbox. I wonder where Pingu goes for the weekend?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well i had a really wierd dream last night that she was at the Eden Project lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Now.... you're just getting obsessed with her now! All because you want to bury her up to her neck in sand and let the sun and gulls do their worst and all because she read your email but didn't reply.

 

Mental note to all........... Avoid Lula as she is getting psychopathic LOL :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ooooops! :D

 

She's still a psycho though lol :p;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well received something in the post this morning that wasn't at all surprising! :p

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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No true! Received absolutely nothing :D :-|

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Got a reply back from Inga this afternoon:

 

Without prejudice"

 

Dear Sir

Thank you for your email. With respect, we do not believe that a £26.60 reduction in the quantum of your claim represents a genuine desire to resolve this matter without recourse to the Courts. Whilst it is not our desire to litigate with our customers, some charge must be applied for the transitions that have occurred on your account.

Should you wish to reconsider your position and put forward a more commercially palatable offer representative of the transactions that did in fact occur on your account, we will be more than happy to consider the same.

Kind regards,

I however actually think £26.60 is a rather genorous offer of the costs incurred due to my contractual breaches as they are made up entirely from going over my limit and not unpaid DD's due to insufficient funds. £0.29 a time (max)I think as it's all handled by computer and the bulk of the cost is the letter and postage and that's being generous LOL

So now to draft another reply to Inga.................;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Transitions you mean PMSL

 

I totally missed that typo of Pingu's and for the life of me whilst cross-referencing my statements to see if any funds have been transitioned into something else can't find any! :p

 

Maybe I should hold out for the full whack now LOL :rolleyes:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ok have just kicked off my reply to Inga as a final attempt at resolution:

 

Dear Ms Kirkman

Thank you very much for replying to my email, it was most appreciated.

I was interested to note the contents of your reply and I am willing to drop my offer of settlement to £6850 as full and final settlement of this claim. I am aware of my duty to mitigate my losses and conclude that this should be a more “commercially palatable" offer to Abbey.

As a condition of your acceptance, I will require a cheque for the full amount is with me no later than the 24th June 2007 after this time I will conclude that this offer is unacceptable and will continue my claim with the court, which will include interest to date of settlement, court costs and a wasted costs order.

I would be happy to pay the actual cost per breach, if Abbey would reveal them, and such time that you do, I will be requiring repayment as set out above.

Yours sincerely

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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representative of the transactions that did in fact occur on your account,

 

no it sounds like she is saying that some of the transactions did not occur, I think i would be asking her what she meant by this

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Well it's to frikin late now you pyschopathic trouble causer! ;):D

 

And they did occur! I think lol

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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