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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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Ok i just phoned Horsham court.

They said that the SOC from Northampton did not get sent down with my file/claim.

Although i sent them recorded delivery and have prove of such.

So basicly they need me to send it again.

So i have filled in the forms and will be submitting by hand tomorrow morning, along with the £100 fee, and i will remember to get a reciept.

 

It could only happen to me, typical............Never mind will do as asked

Caz

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Hi all, , update time.

I went to Horsham County Court today, to take in my cheque for £100 and another copy of my SOC, which they lost.

I spoke to a lovely lady who told me my court date will be for the last week in June or 1st week in July.

Wasnt expecting it so quickly so i am cracking on with the court bundle tomorrow, i think i have most of it but will check and after the Cup final when Man Utd win and i have stopped celebrating, i will start printing off copies of my letters etc.

I will only do one copy at this stage and see what happens, i can always quickly print some more off.

The lovely lady also suggested I telephone BB and discuss with them a settlement, it is worth a try she said, sometimes it works. I tried but got through to an answer machine twice, so i think i will leave BB alone until two weeks before my court date.

 

Talk soon, and i will keep you all informed,

 

What a party animal i am, Friday night and i am on here wow!!! Bet you all wish you lead my exciting life!!!!!!!!!!

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OMG I have a court date, to say I am shocked is understating it.

 

So this is what i received today

 

 

Notice of Allocation to the Small Claims Track (hearing)

 

Distric Judge Taylor has considered the statements of case and allocation questionnairs filed and allocated the claim to the small claims track.

The hearing will take place at 10am on 28th June, will take no longer than one hour.

This is a PROVISIONAL hearing date.

Bla Bla Bla

Each party shall deliver to every other party and to the court offices copies of all documents (including any experts report) on which he intend to rely at the hearing no later tha 14 days before the hearing.

 

So i guess this means i need to put my court bundle together and send one to BB and one to the court by the 14th June.

 

Does this mean that i can phone BB around the 14th June to see about a settlement?

 

Help it is getting scary now!!!!!!!!:(

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smell it my kids are spending it,

They are begging me to take them on holiday, only they are requesting disney florida,

Will have to think about that one, i just got my daughter a car, and that took me 5yrs to save for, so this amount of money is way beyond anything i have ever had, so not sure what i will do, part of me says lets just blow it and have a once in a lifetime holiday. another sensible part says keep it save it, but maybe that is boring. .......... Lets hope all goes as planned now as it would be a lovely dilema to be in!!!!!! how to spend £4000 pounds what a nice problem to have

 

Caz

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Lifes to short too be sensible! You and the kids enjoy yourselves and spend a couple of weeks with no worries, eating candy floss and seeing Micky Mouse!!! If anyone deserves this you and the kids do.

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Ok i have a couple of stupid questions, re court bundle

 

Do i start off with a Case Summery?

 

When i enclose copies of my letters i sent with copies of SOC attached do i just copy the letter or do i continue copying the SOC's as that would mean in total there would be about 6 copies of the SOC in the bundle.

 

Do i enclose notifications from the court, ie acknowledgement etc

 

and finally here is a list of what i have included, can someone look over it and let me know if i have everything.

 

case summary

correspondence

schedule of charges

statements

relevant case law penalty charges

early day motion

dunlop v new garage

utccr 1999

ucta 1977

soga 1982

oft summary

press releases

 

Is that it or can anyone think of anything else..... for example a witness statement, i have seen this mentioned somewhere, do i need one of these?

Help please if anyone is about, i know the footie is on and the cricket ( i am also flicking through both whilst working ).

I can wait till after the footie!!!!!!!!!!!!!!!

Thanks one and all.

 

its getting scary:(

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Hi Darlin' things are moving at last.... time will go so slow now though with you watching the calendar every day.

 

As you are already aware, contact them just before the hearing date if you havent already heard.

[you could email Krys beforehand, requesting the details of the hearing be added to your file for their reference so they have time to prepare....LOL we know that aint gonna happen....................in a foot note just casually mention ....you are willing to settle out of court as you feel that although Barclays dispute your legal analysis that the charges levied to your account amount to penalty clauses and are unfair. You do feel that the amount being claimed is relatively modest and is not cost effective for either party to take the matter to trial. Therefore, in order to avoid the inevitable time and cost associated with pursuing the claim to trial you are prepared to settle your claim out of court upon payment of the charges applied to your account together with statutory interest and costs involved, totalling £ xxxxxx]

 

Theres nothing I can advise you with now Caz you know exactly what to do, your advice to others has been recognised as being accurate and helpful in every way, I just hope the people you have helped appreciate your assistance as you have appreciated help from others.

 

What ever you do with the money, on the day of payment you will feel so so jubilant I would just love to see the smile on your face when you see your new bank balance, that in itself is worth millions.

 

tara for now.

Daz

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.

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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thanks for all those lovely kind words Dar£n, but i would not be here if it wasnt for you, so please dont underestimate the input you have made into giving me the courage to continue, and the correct instructions at every stage, however i dont have the money yet so fingers crossed.

 

Do you think from my list i have everything i need in my court bundle?

 

Oh and you dont get rid of me that quickly, what would i do in the evenings without the laughs i have on this forum, you have had me in hysterics so much, i dont think i have laughed and smiled so much in such a long time. I have enjoyed every stage of what could have been a very stressfull time. So i will hang around as this is the best tonic available.

 

Lets all keep our fingers crossed now and hope i dont stumble at the last hurdle

Caz:D

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Court bundle is fine,

You can add things to it but in my opinion the std one on here is perfectly adequate to see the job through.

 

just have a look here:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-18.html

in particular post #55.

 

dont know if you want to include that or any other postings in the thread.

 

like I say, not necessary, but its up to you.

.

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 CAG and I assume your not celebrating ( I'm not and I am a neutral Aston Villa).

Is it advisable to telephone Bs as a process of the usually procedure and If you have can you confirm with summary of the conversation.

 

I am possible popping into to Bs to see if I can increase my over draft as I started a new job and I was advised in work that limits are usually based on your monthly income.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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OK are you all sitting down, well please sit down, Ready comfy I phoned Krysta as i couldnt get through to Kate who was dealing with my case, Krysta is lovely, so nice. Anyway she passed my contact numbers onto Kate, and said she would get her to phone me today with a settlement. (Didnt expect to hear back) but just got back from the school run, to find a message from Kate, offering to settle, letter in the post should have it by Friday at the latest.

So i think this means I HAVE WON!!!!!!!!!!!!!!!! OMG OMG OMG!!!!!!!!!!!!!

I HAVE WON, i know i dont have the money yet but it is looking promising, it seems they are settling early now.

I am so thrilled so happy i can not even explain to you all how grateful I am.

Daz drinks on me!!!!!!!!!!!!!!!!!!!!

Caz x x x x x x x x xsoon to be £4000 richer Caz in the black in the black in the black, till my kids spend it anyway..... LOL LOL

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Fair play to you!!! I still haven't heard from my local court :(

23/02/07 Request for payment sent (hand delivered to my local branch)

08/03/07 Standard Letter from Barlclays saying they are looking in to my complaint received

13/03/07 Letter before action sent (hand delivered to my local branch)

27/03/07 Partial offer of £1255 received

29/03/07 MCOL submitted

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Thanks everyone, has it only been 3 months it seems longer, well watch this space and i will let you know if and when i get the letter and hopefully the money.. Thanks again

 

Ps my daughter went straight onto the internet looking for a cheap last minute deal to florida, she found one, for me my two kids, daughters boyfriend and my sons friend oh and my 1yr old foster child,, hang on a minute that makes me and 5 kids, that doesnt seem like much of a holiday too me, oh well ! hopefully we will go some time soon, well that is the plan anyway..... i hope!!!!!!!!!!!!!!!!

Will keep you all informed Caz:D

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Yippy Yippy Bs have seen the light I cant wait to serve court proceeding on 31sy of May.

Make I 2 have your luck and blessings :D enjoy and hope you don't need to return the dark side ever unless it's Black or you are helping friends and your relatives in the quest for what is theirs Well Done.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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thanks african, i have been advising a couple of people but they still havnt started yet, so you never know

 

But I WON!!!!!!!!! I have to keep saying it to remind myself

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Well done Caz, you followed every piece of advice that anyone offered, and this was the result, just goes to show, follow the procedure and the game plays itself.

 

Congratulations you!!!!!!!! You truly deserve this win, after all you have given to others its nice to see you receive something in return, Now you concentrate on your next venture...... Holiday with 5 kids....brave woman! LOL

 

 

NICE ONE CAZ....Dont be a stranger now!.

 

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

.

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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WELL DONE CAZ!!!

 

I've been following your thread and worrying about the outcome after last week's Lloyds TSB ruling.

 

Brilliant and inspiring - watch out Barclays. I'm a-comin' too.

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