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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.

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      Many thanks 
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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.
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      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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Stubbs Vs The Co-Operative Bank


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Hi Everyone.

Having successfully claimed my hard earned pennies back from LloydsTSB, I decided to review my old credit card statements, and would you believe it, they've done the same thing! :o

Still, I've just started a claim against MBNA for £800 charges (different thread), but I also remembered I had a credit card with Northern Rock. Towards the end of the life of this card, it was taken over by The Co-Operative Bank.

 

Am I right in thinking that the Prelim letter should be sent to the Co-Op bank, and not Northern Rock, as it is the Co-Op who run the card?

This claim isn't for much - £260, but it's £260 that I could do with thank you very much!

 

Does anyone have a contact name for the Co-Op bank address in Balloon Street, Manchester? or should I just send it to the customer complaints department?

 

Thanks for your help.

Stubbs :cool:

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Well, managed to find a contact name - hopefully she's still working at the customer services / complaints department. Prelim letter posted off today so I'll just sit back and wait til the 21st May before sending off the LBA - not really anticipating I get a nice letter back saying "of course we were in the wrong, Please find a nice big fat cheque enclosed and we're sorry for your inconvenience".

Is it a bit presumptious to have already printed off the LBA? Maybe not!:|

 

Stay tuned for more developments.

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  • 2 weeks later...

Well, I have received a reply from the Cooperative Bank Customer Services telling me they are disappointed that their service has not met my expectations blah blah blah... that they will look into it at their earliest convenience, and will get back to me in 4 weeks time.

Of course they will, and in the mean time, I'll be sending them a copy of my LBA with the 14 days notice when I get home this evening!

However, it is nice to see they didn't wait for the full 14 days to expire before replying to my prelim letter unlike Lloyds!

 

Stubbs

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  • 3 weeks later...

Well, it's now the 5th and still no lovely nice cheque from the Co-operative Bank... what a surprise. Therefore, I get to file another claim with MCOL for the full £260 plus interest... a whopping £340! However, seeing as I'm eying up a new home cinema system, this'll do nicely thank you very much - minus the 5% donation to this site of course :).

 

Stay tuned for the next chapter in Stubbs Vs The Cooperative Bank

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Claim filed on Friday - Saturday morning I received another letter from the Coop. Basically they've told me they need another 4 weeks to investigate my claim. Oh well, they'll have to explain that to the court when they receive the papers in the post (hopefully some time this week).

 

Stubbs .oO(I wonder if anyone's actually reading this :confused: )

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4 weeks 4 weeks 4 weeks-are their employees robotic-its the only phrase they use.lol

 

spoken with them on the phone today-my lba was sent on 22nd of may-we've got 4 weeks they replied-she must have said '4 weeks' at least 12 times during our conversation-ah well just completeing n1 to drop in this pm-only £136.50 but £ 3 in interest and now they have £30 in court fees to cough up!!

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Hi Jubaxt,

I know what you mean... Yes they have 4 weeks to investigate (2 weeks from Initial Letter and 2 weeks from LBA) but last week was the end of those 4 weeks, and they needed a further 4 weeks!?!?! Tough luck, now I've filed the claim with MCOL, they've now got to pay the additional £100 in interest, and the £50 for the court fees... shame that :)

Good luck with your action.

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  • 2 weeks later...

Well... I've now received a statement from the courts telling me that The Cooperative Bank are defending the claim and so on.

Not the best news I've had recently - why can't they be as forthcoming as MBNA? They settled in full without any problems.

Oh well, guess I'm going to have to wait another 4 weeks before they cough up... I wouldn't mind, but it's only for £340 plus costs!

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  • 3 weeks later...

Well... latest update:

I've received a response from Northampton County Court saying that the Cooperative Bank have paid the disputed amount by Cheque. Unfortunately I've not yet received the aforementioned cheque, so each morning I eagerly await the postman, like a child on his birthday!

Anyway, as soon as I received the reimbursement I shall inform Northampton Court that payment has been received and that I shall not be continuing with my claim.

Stay tuned!

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