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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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Mr Kipling


Mr Kipling
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I am claiming back my charges from lloyds and have gone through all the stages correctly. I had to fill in an allocation questionaire, now I have received a "Standard order for stay of settlement with consent of all parties" I did not consent to this. Any suggestions?

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This sounds like the standard 30 day stay.

 

There is normally a tick box on the Allocation Questionnaire asking if you would like a stay for 30 days, to try and settle matters.

 

The banks normally tick this to give them another 30 days delay.

 

There is a template in the library, application for removal of stay, but this is where claims were stayed pending a test case. It is probably overkill and would need modifying/reduction to your circumstances.

 

Also for the sake of 30 days, it's probably not worth paying the cost of an application to remove it, especially as it could take 14-21 days to have your application heard.

 

In that case, I noted a decent thread, with a letter to the bank, by Guido T.

 

I'm not sure if there is an easy way to link you to the thread, but try this...

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-4.html?highlight=stay+30+days#post640880

 

The letter is in post 62, but read the thread anyway to get an idea of the principals involved.

 

:)

Read, Read and Read some more.

 

The answers are all out there...

 

By the way, it's your claim. I only offer an opinion as another reader. :confused:

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No doubt others will respond as well but for now I would keep watching Guido thread.

 

You will see later in that thread, after 30 days, he wrote to the court explaining the bank did not attempt any settlement and asked for directions, but he has not yet posted the details of the directions he requested.

 

Keep reading...

Read, Read and Read some more.

 

The answers are all out there...

 

By the way, it's your claim. I only offer an opinion as another reader. :confused:

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