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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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Hi

Well...i got a letter off Pontefract CC today, got all my hopes up and when i opened it up.....It had at the top details of my claim, claim no etc etc and then below it was an order for ANOTHER claimant!!:mad:

HOW useless are they!! It had all their personal claim details (the value, their names etc etc)

When I rang up the court today they werent overly botherd, just said send it back with covering letter and we will look into it! Charming!

 

I queried my claim and what was happening with it and obviously im concerened now that my details may hve been sent to someone else!

 

Ive expressed my concerns in the letter and said that my cheque with my AQ was cashed several weeks ago and still I have got nowhwere further.....Am i ok to say that or ami best to keep it all nicely so it looks good on my part later!? Just ended the letter with ' obviiously my main concern is brining my claim to a satisfactory conclusion'.

 

Im soo fed up that its took till now to get anything off the court and when i do its someone elses claim!:|

 

Oh well...another week to sit n wait!

 

Claire

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  • 2 weeks later...

Hi

Thanks for everyones reply to my last post (NOT!) :mad: sorry joke, just feeling very down at mo due to recent news of the charges being put on hold for this test case etc...had holiday planned next month thinking it would all be over plus other things planned too... never mind.

 

To top it all of my claim has now been moved from Pontefract CC to Leeds...Im very wary of this now...does it mean things maybe moving and at least know when my hearing date is?? (Still none the wiser n its been ages!) Not even prepared bundle yet, thats how down i am..:( :(

 

Sorry for winge, any help re: relocating to another court would be SO much appreciated and bit of a confidence boost too!

 

Thanks all!

Claire x

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Leeds may not be a bad move at all Phoebe. Does it say exactly which court in Leeds, eg Mercantile. Also what date?

 

In fairness I don't think anyone should ever depend on getting the money back by a certain time, especially with the likes of YB.

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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Come on phoeb chin up at least we are not being hung up by our toes while we wait, use the time to plan how you will spend your dosh, pop down to the travel agents or the car showroom, new bathroom/kitchen the world will be your lobster. :)

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Thanks for the kind words guys, its just very frustrating as I had sooo much planned for Sept (silly I know!).

 

The next fly in the oitment is that today I received a letter from Clydesdale which basically has said they are not in the wrong by charging me what they have blah blah and that they will be applying for a stay on my hearing and due to the OFT hearing going on, my claim looks likely to be on hold now until further info from the case is received.....

 

Great, another waiting game now, but like you say, more time to sit n wait what to spend my dosh on (hopefully if i get it this side of xmas!)

 

No date yet Caro on my hearing :mad: and it didnt say mercantile court, just Leeds County Court....will probably confirm this as n when my hearing is due....

 

Lets hope this OFT case is sorted out quick, for all our sakes!

Feebs x

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Feebs my court date is for next week and I received the same letter this lunch time from YB saying they intend to apply for a stay etc. So I guess we must take comfort from the fact that we are all in the same boat babe, as you say the sooner it is all over the better. Wish you all the luck in the world.

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Aww thanks Georgieboy

How frustrating for you with your court date being so close!:( Bet you are cursing them! Never mind, like you say we are all now in the same boat, waiting,,,,waiting and waiting some more!

 

How long have you been on with your claim?

Feebs x

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Remember that although YB can apply for stays all they like, it doesn't mean they'll get them.

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...

Hi all

Not posted for ages due to illness...but back now!

after trying to catch up with the latest news on here, i have the following dilemma!

 

CB have wrote to me (like everyone else) n said they are applying for stay blah blah blah.

HOWEVER, after the confusion with Pontefract Court 'mislaying' my claim and my forking out over £250 court fees to get a hearing date back in April, im STILL waiting to even hear when my hearing date would be.

 

Am i OK to ring up Leeds CC (which its now been moved to) and ask if they have managed to sort out a date yet? Im really annoyed that ive been sat waiting for my date and all this time my files been 'misplaced' and yet others who claimed later than mehave already had their dates confirmed!! :evil:

 

Was thinking of applying for YB stay to be lifted but may wait to see what Leeds CC say first? as they havent been intouch yet since my case was moved to them....

 

Any advice oh kind people!?:???:

Claire x

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By all means ask the court about a date, and ask if they have received an application for a stay. If so, apply to have it removed, as per the template in the library, and I think it's worth adding that had your file not been mislaid you expect that it would have been finished by now.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post131900

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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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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Thanks Caro

Yes, was going to express my anoyance that if the file hadnt been misplaced i could of been home n dry by now!! BUt always feel 'its the Court and I cant be cheeky'...but it proves that anyone can make mistakes!

 

I havent even received any official letter off Leeds yet so have no contact details etc...but if they are on their 'summer break' may hear something soon?

 

will keep my eyes peeled for the post yet again!

 

Thanks again for your advice!

Claire x

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