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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 
      • 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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Pot plant V Nat West ***WON***


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It is advisable at this stage to copy everything to the court. I didn't know Tom was on GMTV this morning - have you looked on the web?

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

 

 

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Hi Steven, I just caught the end of the interview when they were thanking him for appearing on GMTV, how frustrating was that:mad: Went straight on GMTV website, I couldn't find anything about the interview, I hope they put it on soon, I'm bursting! Thanks again for advice. Potty

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I looked on the GMTV website too. Couldn't find that but found an interview about the Birmingham case. Talk about getting your facts wrong!!!! Turned it off in disgust.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

 

 

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Good morning all, I just received a letter from Courts, I have got a prelim hearing on 6 July, they have only allowed 5 mins. This will be brief, good morning and good bye. Letter reads:

 

Please Note: This case may be released to another Judge, possibly at a different Court.

Cases are listed in accordance with local hearing arrangements determined by the judiciary and carried out by Court staff.

In some instances a case may be released to another Judge possibly at a different Court. If your case is to be heard at a different Court you will be notified accordingly. Therefore please ensure that the court has a telephone number on which you may be contacted during Court office hours.

 

This is just my luck, I was the only person not complaining about the delays, well here we are! Does this mean that the Judge has ruled out the Draft Order for Directions? Help, I'm not even a lay rep yet, just got the leaflet. Priorities, I did buy lots of wine, I think I'm going to need it. Potty.

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No need to worry. They are just inundated with claims and are informing you of their option to move you case if they so desire. Don't be surprised if they don't use the draft directions and use their own. The courts are a law to themselves :) . You will here in due course their next move. You are getting nearer and nearer to pay day. So relax and have a little read up to be prepared. Good luck.http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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I am not sure, but i doubt it. When you go to court inform the court clerk of your intentions straight away. Or even better give the court a ring and ask them the procedure for a lay rep Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 2 weeks later...

Good morning all, I have been very busy gathering all the info preparing for the prelim hearing on 6 July. I wrote to Cobbetts and Nasty West on 5th June requesting the T & Cs for both the Advantage Gold and Current Account Plus giving them 14 days to reply. Its now been 17 days and no reply. Can I apply to the courts to have the case struck out as they have not replied within a reasonable time limit? I also sent the court a copy of both letters so they are aware of my request. Can anyone help with the legal jargon I should use when writing to the court to have the case struck out if that is possible? Thanks Potty.

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Michael thanks for reply but what a shame. When Cobbetts wrote to me they gave me 14 days to reply or they would apply to have the case struck out, so I thought it should be the same if they do not reply to my letter. My request was for the T & C's, can you advise what I should do now? Thanks Potty.

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Write to Cobbetts, telling them that you made the request under CPR PRe-ACtion Protocol 4.6©, copied to the court. You will probably find they reply by retuen of post

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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Thanks Michael for the reply. When Cobbetts wrote to me they gave me 14 days to reply or they would apply to court to have the case struck out, not fair I can't do the same. What can I do now as my request was for T & Cs? Thanks Potty.

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The trouble with that thread Michael is that there are ohnly three lots of T&Cs on it - 2001 buisiness, 2002 and 2006 personal.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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Thanks Michael, I have printed these but I thought they had been updated and the contents had changed since 2000. I do not have the originals as the account was closed in 2005 and all paperwork burned.

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  • 2 weeks later...

Good Morning Caggers, I have turned into a serial Postman Stalker hoping and waiting for my big fat cheque. Great news to see all the settled cases, can't wait to join the list but sadly for me the battle continues. I have got the Prelim hearing on Friday and would be grateful of some advice. Firstly my son has to take the day off work and we all know that Cobblers won't turn up, can I mention to the judge about abuse of the court process? Also what can I do about claiming wasted costs, I know I can't claim this until after the case but can I threaten them beforehand about my intention? Does anyone know how the judge is likely to react to the defence not attending? When will the court be notified about Cobblers absence in court? Any ammunition welcome. Thanks Potty.

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Hi potty, have a look through this thread here as it explains the various court hearings and everything you'll need to take with you (including the prelim) GOT A COURT DATE? A guide to the later stages. With the wasted costs, you need to have a look here Wasted costs order

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html?highlight=wasted+costs+order+template I imagine the court won't realistically even expect cobbetts to turn up - you won't actually know this though until the day.

 

Have a really good read through the first thread that I've given you above as this has some great tips on what to expect at the hearing.

 

Good luck x:)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Hi Hedgey, Thanks for the reply and congratulations on your promotion. VIP now. My request for T & C's was ignored by Cobblers but Nat West sent a letter to say they dealing with my request! How should I notify the courts of this deliberate delaying tactic so close to Prelim day. I am the type of person that will chew the judges ear off and I know I have to show restraint BUT IT IS SOOOOO difficult. I don't want the judge to miss out on any important information, my son will be taking the muzzle! Should I type a letter or just mention it during my allocated 5 mins. Ha ha, I bet we overrun. I just hope for everyone's sake they make me an offer before friday. Thanks Potty.

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Hi potty, take your T&C request letter plus the letter you received from nat west that says they're dealing with it. Read the thread I linked for you really carefully as well - this will help you to prepare. And don't worry!!!

 

And thanks................ but I'm definitely no VIP......... still just hedgey! xx ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Hedgey, thanks for the reply. I have read the thread GOT A COURT DATE, and printed off the information I need. Allocation hearing witness statement, Draft order for Directions, reasons why they should be ordered but the statement of evidence is causing some concern. At the end of the statement where it says documents attatched in support of this statement - where do I get this info from? The OFT report for April 2006, House of Commons early day motion etc Is all this required for a 5 min hearing? Do I have to take 3 copies with me? Thanks Potty

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Hi all, not in my wildest dreams did I think I would win, I know lots of you have but I am not the type of person that has any luck or ever wins anything. But guess what I WON, WON, WON, ME I WON. I WON I WON I WON I WON. Just getting rid of some excitement. I haven't even read the full letter yet, just the bid about gesture of goodwill and the cheque is enclosed. I want to thank everyone for their support, without you I would never have got this far. Hedgey, Steven, Parkvale, Michael and Fendy(where ever you are?) and everyone else for their useful threads. Donation will be on its way. POWER TO THE PEOPLE.

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