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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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andmf -Vs- lloydstsb


andmf
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Hi all this is my 2nd post as far as my claim goes I have done the letter thing 1 acknowledged & fobbed off the other completely ignored - from what I've read the Norm for lloyds, went to MCOL and had my claim issued today - Reference 7QZ57691 so batten down the hatches I think its going to be a bumpy one!! :wink:

 

I have promised myself I am not going to take any CR*P from these people!!

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  • 3 weeks later...

So we arrive at the first stepping stone - acknowlegment day - my claim says that the defendant should acknowledge by today, nothing on MCOL or received from them at all so far - any suggestions?

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Hi

I would give them a couple more days, then come back on and tell us if they still haven't acknowleged. What address did you use for Lloyds on your claim?

Good luck, let us know how you get on.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thanks for replying Barty

 

The address I used was

 

Lloyds TSB Bank plc

25 Gresham Street

LONDON

EC2V 7HN

 

Head office so they should have it :grin:

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  • 2 weeks later...
  • 2 weeks later...

So today I get my copy of Lloyds Defence - 9 points, also AQ has been dispensed with, what happens next? Is it just wait for a date from my local court?

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Thanks Barty, I will send in the proposed directions order tomorrow, I take it SC&M get a copy as well? also I take it the draft order is sent to the court manager at the moment as no Judge has yet been allocated? Better start preparing my bundle!! ;)

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OK I have now received my notice of allocation to the small claims track notice - it reads as follows

 

District Judge ****** has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track

 

the hearing of the claim will take place at 10.30am on 30 August 2007 and should take no longer than 30 mins

 

The court must be informed immediately if the case is settled by agreement before the hearing date

 

Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing 14 days before the hearing

 

The original documents shall be brought to the hearing

 

The claimant shall by 4pm on 15th June 2007 file with the sourt and serve on the defendant a schedule showing how the amount claimed is said to be computed and the dates of the charges complained of.

 

Date: 12 June 2007

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I take it that is just a copy of my schedule to be served by Friday?

 

Also do I send a copy of my original spreadsheet or an up to date one including interest since the claim was filed?

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  • 4 weeks later...

Well today I got home for my lunch and there was a letter there from SC&M offering Full and Final settlement of my claim plus int plus cost + extra £100.00 - All in £4486.48 :o court date isn't until 30th Aug so I'm quite shocked. No mention of not claiming again in the conditions so I might as well sign and send back - happy chappy :D

I can afford to take my 2 yr old daughter to eurodisney now :D

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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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