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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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bexy v lloyds ****WON****


bexy
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Thanks will keep you updated and (don't take it personally r33) hope I don't meet you in court ha ha but good to know we are kinda workin together at the same stage.

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  • 2 weeks later...

I HAVE WON !!!!!! I received a letter this morning from Lloyds TSB stating that "They were sorry that i was still not satisfied but that is the way banks work if you don't have enough cash in your account to cover payments BUT this time they would repay me in full and cancel any outstanding charges that were due (I don't have any) to come off my account. They will pay funds into account within next 10 working days.Hope they do I an extatic .Will let you know when funds clear wee donation will be winging it's wat to you when funds clear yipee.

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WELL DONE BEXY!!!

Thats good news to hear.

 

I've still not heard anything back from the bank yet i only recieved my form 1 back from the sheriff's officers yesterday. Here's hoping that i hear from them soon and i'll keep you posted. :)

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stevokenevo--yes my return date was 24/5 hearing date was 31/5 and they are paying me what was requested + interest. why r u asking is there a problem?? and r33 hope you hear soon I will keep watching all the best

bex

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HI Bigmac-- asked for £515 + interest(calculated on spreadsheet provided on site) it looked like they owed me £617.00.They have stated in their letter I will receive £635.00 within next 10 days .Costs were not mentioned but I am more than happy .Hope this is okay with everyone .Is this wrong???

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Hi Bigmac ----Thanks again---GOT THE FUNDS---I would never have had the courage to go through something like this if I did not have all your help and support .I cannot thank all of you enough. Does a site helper post my success ?? .I wont tell my better half but I will drop them a wee note re my £39.(wee donation on way) THANKS AGAIN

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Can anyone help? I have just rec'd news that LLoyds are defending my claim next week on Tuesday May 15th at court, not rec'd the defence yet (will prob arrive today) unsure what to say or do at court.

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Hi gurggles, I went into sheriff court on 19th april and lodged forms 1 and 1b and received funds on 8th may.hope this helps

 

. Bexy

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