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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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confused - second claim against HBOS, don't know what to do


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I have successfully completed one small claim against HBOS for £750. I am now looking to claim the remaining £3075. The news about courts not accepting second and third cases came to light after I already won my small claims but now I am really confused as to what to do next. What is the recommended path with this new information? FOS? I'm not sure i can get an address in England to go down that route.

 

I am also seeking default removal, can FOS do this?

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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Hi, Knoxvillian.

 

I also did not hear about the courts knocking back second claims on the same account.I won my first Small Claim against BOS back in October. I filed a Summary Cause against BOS in January 07 then started to get worried. On my return date I phoned the court and there was no response from BOS. Went to court the next day to file for decree and I am waiting for the courts reply. I still have £5,115.00 to claim back and was thinking of going down the English route myself, seems it's easy to rent an English Mailing address and then the mail is forwarded to you, I'll let you know how I get on. The court did not knock back my Summary Cause.

 

Best wishes.

 

Regards.

 

Scott.

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Hi Knoxvillain, I would advise you to take the least risk that is available to use, this i see as the FOS, there is no fee for you here, only the banks get charges from the FOS when you complain and it dosent rule out court should you still wish to go down that road, im told that they have a 100% success in these type of complaints, i am unsure of the default issue but would also suggest to mention this in the FOS complaint form,

hope this helps.

George

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how long does FOS take? I understand it's longer than court but I should be able claim the full amount in one go making it shorter than 2 x summary causes?

 

I suppose what I could do is get the cash back through FOS and if they can't do anything about the defaults then I could proceed to court over the defaults.

 

Do you know of any threads from people who have gone down the FOS route? Most of the ones I see are Small Claims.

 

Thank you both for your responses :)

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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thanks Bigmac, I'm getting married two weeks today so i'll probably stick this on the backburner until i return from my honeymoon and then a more clearer path will hopefully be set out . :)

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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