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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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      • 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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Saffy33 v HSBC ***WON***


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Just filed my MCOL claiming £1,248.08 so I thought I'd start a thread!

 

Progress so far...

 

14/02/07 - Sent prelim letter and schedule of charges (no response)

28/02/07 - Sent LBA (no response)

15/03/07 - Completed MCOL

 

Next steps are to send my schedule of charges to the Court and then sit back and wait I think?!!!

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Welcome saffy, your a week behind me, my MCOL went in on the 7th March was noted as acknowledged on the MCOL web site on the 13th March, I'm just waiting for the acknowledgement paperwork in the post before I send my schedule of charges to the court and to DG.

Good Luck

pete

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

Received a notice of transfer of proceedings. They have crossed out (in pen!) the bit that says please complete the AQ and another piece of documentation says:-

 

It is ordered that:-

 

1) The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise

 

I also received the defence stating that HSBC are going to dispute the full amount.

 

It's 24/04 now and I haven't heard anything from the local court and I haven't heard ANYTHING from HSBC directly (so no offer :( )

 

Is there anything I should be doing?

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Great thanks for this it was all very helpful. I've just sent a letter to the DG stating that I understood the AQ will be dispensed with (and the amount I would accept - the full amount of course!). I have also sent a letter to the court with the draft order attached. Let's hope I get the full offer soon otherwise I'll have lots of printing and copying to do!!

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Hi saffy,, you're on pretty much the same timetable as me... received same thing 'court dispensed with aq'. sent my letter to dg, plus letter and draft attached on the 19th. still not heard a thing from either... will be sending 2nd nudge in next few days........... good luck,,, hope we both receive an offer (full) soon!!!

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Have now received a General Form of Judgement or Order from the court saying:-

 

It is ordered that

1. The action be stayed until 23 May 2007 or until further order: the stay will also afford the parties an opportunity to try and settle the matter without a court hearing.

 

Liberty to apply to remove/extend the stay.

 

File to be referred back to the District Judge by 23 May 2007

 

This order was made on the District Judge's own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10.

 

I've read around and not found alot of people who have had this. However, the feeling seems to be that I should object to the terms stating that HSBC have had ample time to settle out of court and that they've never made any attempt to even respond to me. Is there anything anyone would recommend or any templates people have sent before?

 

HELP!!!

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I have a similar situation (post 58 on wards):

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-3.html

 

This should help too:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html

 

Be a bit careful with this information though, as it geared around Lloyds' devious activities.

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

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Hiya saffy, Im guessing you have very similar to tom, see this thread from about post 261 onwards;

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/62692-gimmie-my-money-hsbc.html

 

Your Judge is trying to get you to use the mediation service, which is hopless, there is nothing to mediate except when the money is paid to you. here's another more extreme thread;

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85935-claim-stayed-help-please.html

 

Mediation must look very good to a busy Judge (go away and come back when you have agreed) but there is nothing to agree. HSBC and all of the other banks refuse to provide details of their costs so they have to pay.

 

pete

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