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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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Butterfly v lloyds ***WON***


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I have received an acknowledgment from [problem] - i understand that i now what for there defense - when do i get the AQ ? Also do i send [problem] a schedule of charges now ? if yes is there a standard covering letter on here ? thank you

 

 

I think they have 14 days. If Lloyds defend, then you will recieve an AQ along with the particulars of their defence.

You have to just sit back and wait for a bit now.

Hope this helped

:oops:

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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- Claim acknowledge by [problem] - they have 28 days to submit their defense. I'm currently awaiting AQ - In preparation i have completed the AQ- n149 (on line version). I have used the new strategy for completion.

 

I am right in asumming that when i send this off i include " draft order directions" and send a copy to the court and a copy to [problem]

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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  • 3 weeks later...

Hi all

 

received a standard 9 point defense from [problem] on the 29/4/2007 ( dated 21st) My case has been transfered to Wolverhampton County Court. Contacted the court as a hadn't received AQ with the notice of transfer . I was informed they had not yet received my paper work from Northampton. They stated that wolves county Court would issues AQ in due course ( if i don't hear anything in the next week - i need to call them again ) All going along nicely - keep you posted .

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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looks like we are on a similar time frame. My Notice of Transfer was dated 30/4 and the part about the AQ was struck out; check if yours was - it appears as though this is becoming standard practice.

Let me know when you get a court date. I'm not far away - maybe we could offer each other mutual support.

Still haven't started my thread - about to do it now so you can follow my progress.

broke dave.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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  • 3 weeks later...

Hi All

 

General update - received the AQ today to be returned to the court by the 7/6/2007. Just completing it now and will get it off ASAP. Using the new strategy.

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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  • 4 weeks later...

Ok i have an update- got a letter today from [problem] - they have offered me all my money back so i guess i WON!!!!!!!!! yippie - money not in my account yet but its as good as................................

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Please PM a Mod with details of your settlement for the Litigation Concluded forum

 

Congratulations. Enjoy the dosh!!!

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Congratulations. Hope mine goes the same way!

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Can a Mod please move this thread to the "success " sections ( however money not in my account yet!!!)

 

Also would like to make a donation although cant use pay pal as i don't have a credit card , can i send a cheque?

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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Congrats!!:D

 

I'll change your title to WON and move you to successes.

 

Thanks for the donation, I'll get back to you with the details for sending a cheque.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Further to my post. Do you fancy a trip to Redditch on 10th July for an interesting 30 minutes in court?

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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