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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
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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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Caz V Barclays / Woolwich **WON**


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No i never sent it recorded delivery as i joined this site a little far down the the line and never got that crucial advise.

However I did hand deliver them into my local branch, and i went in and asked them to confirm they had forwarded it, and they confirmed they had, as it was logged and just in case i got them to fax it all again whilst i was there.

I have no idea what is going on, i may phone them to see if they have everything

 

Any idea who i should phone.

I have now got a claim number as i submitted my mcol 5 days ago so they are now aware i exist.

 

Any ideas should i phone someone help

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oops my error, i meant 14 days to acknowledge and 14 days to offer a defence, so 28 days and counting. Giving them until 12th May

 

I am so thick sometimes, mind you i have been looking after 3 children under 3yrs and one 6yr old since 7am so my brain is in baby mode, i need to remember to put it back into adult mode at the end of the day.

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I phoned a lovely lady named Krysta, she was really nice, she said she was surprised that i had not received anything from them, but said it did not matter now that i had filled an MCOL as this will make them aware i exist and have a claim against them, She also said, i may get an offer of settlement in the next few weeks, as i had not been sent one before.

 

I wont hold my breadth, but it would have been nice to have been offered a settlement, just so i can say no give me the lot!!!!!!!!!!!

 

Oh well lets see, i expect them to ignore me again until the very last minute, its the story of my life.

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Caz, The trouble with Krys, is she has that much work load she forgets as soon as she puts the phone down, she does try but overworked hmmmmmm partly my fault LOL...

The thing is they wont give you a serious offer until the court date is looming, you will prob get an offer for 50%.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Ok the plot thickens, I had a letter from the court confirming the dates for barclays to acknowledge and put in their defence. Also saying it was posted to Barclays 1st class on the 10th April.

 

And today I got a letter from Michele Wallis, Sales and service manager, saying they were sorry i was dissatisfied with their service and they will investigate it further and would get back to me by the 10th May.

 

Now seeing as their deadline is the 29th April, it will be interesting to see what happens.

 

But at least it is a letter, my first one, so now i know they know i exist.

Watch this space..............................:confused:

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Ok the plot thickens, I had a letter from the court confirming the dates for barclays to acknowledge and put in their defence. Also saying it was posted to Barclays 1st class on the 10th April.

 

And today I got a letter from Michele Wallis, Sales and service manager, saying they were sorry i was dissatisfied with their service and they will investigate it further and would get back to me by the 10th May.

 

Now seeing as their deadline is the 29th April, it will be interesting to see what happens.

 

But at least it is a letter, my first one, so now i know they know i exist.

Watch this space..............................:confused:

 

yes normal. left hand right hand :D

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Caz, The trouble with Krys, is she has that much work load she forgets as soon as she puts the phone down, she does try but overworked hmmmmmm partly my fault LOL...

The thing is they wont give you a serious offer until the court date is looming, you will prob get an offer for 50%.

 

dar3n does love krys ;):D at the end of the day barclays will settle but not until you have a court hearing date. just play the game and trust me you will win like dar3n keeps saying :D

 

they didnt go to court for the guy on here who won £37,000! im telling you 100% barclays will not go to court with yours or mine or anyones :D im on my third claim with woolwich/barclays. :D

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unfortunately, Barclays DO go to court.

.

.

.

but only in exceptional circumstances [hels bells]

.

.

.

but this is a case where there is a lot more at stake than just repaying simple charges.

 

As Kimmy states, GENERALLY B's DO NOT/ WILL NOT attend court.

 

heres a quote from my settlement letter

....we disagree with your legal analysis that the charges levied to your account with B's amount to penalty clauses and are unfair. We do, however, recognise that the sum at issue between us is relatively modest and as such, it is not cost effective for either party to take this matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial, we are prepared to settle your claim........
I hope this boosts the confidence of everyone presently claiming.

This, I suspect will be the standard explaination for settling out of court.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Hi all,

 

Can i just clarify time lines with you all.

 

I filled my mcol on the 5th April, i received a letter from the court on the 10th April saying

 

Your claim was issued on the 10th April, the court sent it to the defendant on the 10th April and will be deemed to be served on the 15th April

The defendant has until the 29th April to reply

Either to pay, (which we know they wont do)

fIle an Acknowledgment of service (which will allow the defendant 28 days from the date of service to file a defence (this will be the 14th May)

Dispute the claim

Admit (which again we know they will not do)

Admit only part owed (again this will not happen)

Not reply at all

 

 

So if i am correct, if they do none of the above by the 29th April, then I can claim a default

If they acknowledge then they get until the 14th May to file a defence.

 

So when i check my claim on the mcol site, it should change once something happens.

At the moment it is still saying Issued.

 

Hope i have all this right.

 

Any advise on a good bank to open my parachute account with, as i have not done this yet.

Caz:confused:

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Hi all, just a quick update

My claim has been acknowledged just 2 days after being deemed served, that is very quick isnt it, i thought they would take the full 14 days.

 

So now they need to file a defence, so watch this space

Caz

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:p Hi all

I have decided to start a thread on the Woolwich site as well, i have one going on the Barclays site, but as my claim is against the Woolwich (now owned by Barclays), i thought i would put one on here.

 

I filed my mcol on the 5/4 and it was deemed served on the 15/4, and they acknowledged it today 17/4.

So as i understand it i now have to wait 28 days from the 15/4 which is 13th May.

 

Is this correct? Any advice,

 

Thanks

Caz

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If you don't hear from the court in the meantime, then you can ask for judgement by default.

More than likely though,they will enter a defence at the last moment.

You just have to play it by ear.

 

If you have any questions regarding your claim use the Woolwich thread to post them and the answer will not be far away.

 

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Hi tan,

its so hard just sitting about waiting now.

How cool that your 28 days are up tomorrow night will you be entering a judgement by default at midnight tomorrow.

I dont know how you will get through tomorrow, i bet you check at least every hour to see if they have entered a defence.

Let us all know if you get one.

Caz:D

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