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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
      • 160 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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If your case is heading for the Mercantile Court....


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.... please follow the link.

 

http://www.consumeractiongroup.co.uk/forum/litigation-progress/2-listing-your-case-against.html

 

Mention that your case is going to the Mercantile Court as well as the usual info please.

 

Many thanks

The Consumer Action Group is a free help site.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

The link leads to the litigation section which is being updated so that's probably why. I'll find your thread and try to help. I didn't know there was a Mercantile Hearing tomorrow.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I can only seem to find a thread showing a settled claim Dan. All I can suggest is that you have a good look round the Mercantile forum for information and start a thread. It's a bit late to do much now.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

my case is heading for mercantile court i dont understand why but there have been 68 cases referred on the same day as mine and i have been told it might be dealt with as a group litigation. im very confused and i need some help please

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I have a court date for 15th Jun, there has been no request for an allocation questionnaire and I never even received the defence.

 

Everything seems a bit sparse

 

What should I do, it says I can submit via post by the 12th

 

Anyone have any suggestions

 

Thanks

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Which Mercantile Court are you at? There are about 8 such courts locasted around the country and they do differ in the way they handle these bank charge claims. There are plenty of threads in this forum showing what has happened at previous Mercantile hearings.

Is yours a group hearing? Also see the sticky thread 'Mercantile Court Guide'.

 

Often when a claim is transferred to the Mercantile Court an AQ is not needed nor is the defendant's defence sent to the claimant. These are by-passed and it is straight to a directions hearing as the first stage and hopefully the only stage, the case getting settled either before or at that hearing.

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I'm at Leeds on the 28th June against Abbey.

 

Paperwork came through today so I'm off to do the CMI sheet and get that back, then I won't have to worry about getting the thing done in time.

 

My list says 147 cases but they expect many to have been settled prior to the hearing so they've allocated half a day. If we get through the court days it looks like we've got about 30 seconds to make our case. Should be a challenge trying to do that.

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  • 2 weeks later...

Hi Denverkirrane

 

C u on Friday. I'm one of the other cases an am also at a bit of a loss I have prepared my bundle and will carry the T & C's and try to prepare for questions.

 

Tendom

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