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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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40bear v Abbey ** SETTLED IN FULL **


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Hi 40bear

 

I am also due at the court at 11am and 2pm - my 11am hearing is for Lloyds and afternoon hearing for Citifinancial. But I'll be there! Actually, I'm pretty cheesed off about it, as I just feel the judge is pushing it back even further and is right up their street for delaying settlement.

 

I spoke to the court today and the lady (who wrote the letter) said that this was so the judge could decide whether to put it into the fast track system - which of course means a visit to Luton County Court - and the defendant's costs if you lose - not that there is much chance for that, but it's the pressure of it. I did ask why as I was under the impression the small claim court was for up to £5k but I think there is the legal implications here and that they are dealing with substantial financial institutions.

 

:-(

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Great to have company at Bedford!!!! I think we might have some other visitors as it seems it is a new thing to hear lots of cases together!!! Will the very small informal room be big enough. Have you started to get your case file together?? Really worried about that, I have read thru all the FAQ and been on the templates section and copied BUT it is daunting when you're legal knowledge is basic. Where abouts are you? I am in Ampthill.:razz:

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I spoke to the court and they confirmed these cases are not for making a decision about the individual cases but to decide whether the small claims court is relevant for them. I'm just seeing it as a delaying tactic, quite frankly. So to answer your question, we don't need to put a case file together - the court lady confirmed this and that there is no requirement to forward all your papers to the court beforehand, etc., etc., that you would have to do if it was a full-blown hearing.

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40bear please PM me.

 

I am in EXACTLY the same situation as you are, with one exception, I claiming against LloydsTSB.

 

However, I too am in Ampthill (I fine town with a new Waitrose)....

 

I'm at Bedford County Court at 11.30am on 15/11/2006.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/22740-kmbrad-lloyds-tsb.html

 

I will look forward to meeting you too Rosemary.

 

Regards

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Hi Karnevil - yes, you're quite right about that and will certainly be working on the argument. Do you know where I can find out the advantages and disadvantages of both tracks and if anyone has had to look into these arguments at any great depth (apart from the obvious which I've already mentioned) ???

 

121o121 - yup - see you there! Nearer the time, we'll exchange descriptions of button holes! I see you're at 11.30am. I go in at 11am. I'm really dreading it quite frankly as so much is reliant on this claim - it isn't just to fund a summer holiday as it is for some claimants and a lot is riding on seeing this through. Don't want to say too much as I am fully aware Citi are watching these threads and have no doubt Lloyds are doing the same.... :( ;-)

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have you all sent a copy of your Allocation Questionnaire your banks yet?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Morning 40bear

 

Plan to do it this weekend. I am also going to create it like a letter to the judge and send it in advance of 15th.

 

I am also going to write to Lloyds solicitors reminding them of the date. Trouble is I don't want to talk about my plans too much as I also have CITI cards in the afternoon (along with my husband's card) and their solicitor has been watching all these threads and we have evidence that he has been acting on them, too.

 

How about you?

R

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Printed off loads of info from the site so like you will prepare as a letter. Not much more we can do til we know where we stand with the case. Did you hear that Nat West paid out this week, it was on the news???

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  • 2 weeks later...

Less than a week to go and have made up two extra packs and about to prepare notes so I remember WHY I AM DOING THIS!!!! Is everyone else ready for 15th November at Bedford. Are any buddys/interested parties attending. Do we need some media coverage?

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Hi 40bear.

 

I'm taking a sheet with me just outlining my reasons for small claims track allocation. I haven't started on the court bundle yet. Want to get next Wednesday over with first. Not sure that this hearing is of great relevance to the media as it's not the main hearing. Do you think it may be worth a phone call to BoS or T&C then?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Hi 'Bedford Court guys'

I haven't even started on the reasons why I want to put it onto the small claims track. This week has been absolutely frantic at work and at home. My law degree coursework is due in next week and I haven't started it yet (equity & trusts) yeurgh. My daughter's 16th party is this weekend - I just can't see how I'm going to cope. I am working myself into a right stressy that I had a nose bleed right in the middle of the office yesterday - as I sat there talking to my assistant. Bet you my blood pressure is up, too. Any advice on cheap health farms?!!!!!

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YIPPEE......At the 11th hour Shabbey have settled in FULL so I won't be at Bedford Court tomorrow.......cheque being paid into my very overdrawn Abbey account on Thursday. Go for it guys it is worth all the stress.

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Well done 40bear.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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YAY 40Bear !!! Got your PM ! Well done. My goodness - it seems the only cases being heard this afternoon will be for CITI. They are spending a fortune in legal fees, I'm sure trying to defend themselves when all their fellow financial institutions are seeing the light! So, unfortunately, as a claimer against CITI, I'll still be going to Bedford Court this afternoon. Will report back....

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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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