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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.

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      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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Help with A&L defence please


Skudz
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Hi guys, i hav today recieved A&L's defence from their solicitors! It all seems like the usual stuff they've been saying all along except there is a section called Insufficient Particulars Of Claim. In this they request me to particularise each and every charge: date, reason etc. Have they said this to everyone or is it because i havent sent them a schedule of charges yet? And if so is it too late to send them and the court a copy?

Maybe i should just sit tight and wait for them to send the AQ?

 

Regards and thanks for all the good work

Skudz

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OK brill thx Mimi, i shall post the solicitors a copy today and let the court know im sending them a copy to attach to my claim. Ill keep you informed as lots of people seem to be at this scary stage. BTW im claiming £2756 + costs.

 

Regards Skudz

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In response to your defence I enclose a schedule that particularises each and every penalty the Defendant has unlawfully applied to my account. I hope this will be sufficient proof for the Defendant to settle the claim quickly for no less than £2876, for as I am sure the Defendant knows if the claim goes to court they will incur more costs when they lose.

Nice bolshy letter...quite proud of that icon7.gif

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Still waiting for AQ...we have any idea how long it takes from when the bank files their defence to receiving your AQ? Had a good read through the threads on how to fill it in and feel pretty confident about the next stage and what i'll need to supply should the judge accept the directions i request. Just shows what a great job the mods and experts are doing, and i shall show my gratitude when the barstuards pay up!!!:cool:

 

Thx again:)

Skudz

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HELP!!! I have recieved a 'notice of transfer of proceedings' and the claim has been transfered to my local court. It says

Without hearing

 

IT IS ORDERED THAT:-

 

1.The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

Does this mean idont have to fill an AQ in? And if so whats the next stage?

Thx in advance

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V helpful thx...so should i just wait until my local court get intouch or should i go and pay my £100 pounds, send a nudge letter to solicitors and a draft order to local court now?

 

regards

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Hey guys

thx mimi glad to know theres someone at the same stage as me. My case was transfered on 9th May and im still waiting to hear from district judge to confirm whether or not i need to fill in AQ!! Cant pay my £100 until iv heard anyway...god this waiting game is killing me! Think im guna start sending nudge letters now... cant just sit and do nothing!!

 

Regards Skudz

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  • 2 weeks later...

Hi

At last i have recieved 'Notice of Allocation to the Small Claims Track (Hearing)'

The hearing is on 8th August so not much point sending the draft directions is there?

I need to supply the Court and opponent with written SofE no less than 14 days before hearing, what shall i include in this?

any help much appreciated, never thought itd get this far and need to get prepared for court *sigh*:sad:

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Just spoken to my local court and they can find no mention whatsoever of an AQ fee! Very strange, but iv been assured my case wont be struck out and i have nothing to pay!? Just wondering, have you posted your bundles now Mimi, as im sure u must have the same deadline as Wragg & co to get the documents in?

regards

x

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Well good luck and lets hope they dont get the docs in ontime and the judge rules in your favour by default! That index is a great help thank you so much, and id recommend it to anyone whos at this stage, mimi's obviously worked reallyhard on it. Dont let it worry you now love just ignore him! Stay confident im sure youv done everything right! Did you include a schedule with the latest interest updated with the bundle as i cant see it on the index

 

x

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It says that is the spreadsheet supplied with the claim, i mean an updated one with the 8% interest added since then, maybe im being thick lol. BTW, on my notice it doesnt mention anything about what the defendant has to supply or when, just that i need my SofE in 14days before hearing...any ideas?

 

TIA xxx

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  • 1 month later...

Hey guys

nearly finished my bundle, it has to b in next week, 14 days before hearing! Couldnt have done it without MJ's hard work! Just need T&C's from 2004, can ne1 link me?

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Brill thx again MJ. Good luck with your case, i know ur hearings coming up soon!! Lets hope they pull their finger out and settle, otherwise your just going to have to tear them to pieces in court lol! God knows u deserve it babes:-)

 

xxx

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TYVM monkeyboy. Just a quicky...the T&C's from 07 are 30odd pages long but the bit that applies to my account is only the 1st 15 pages, u think just incl those should suffice?

TIA xxx

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Bundle now posted recorded delivery. Guna hand the court their copy by hand on the morrow, then all i can do is wait! Well thisll all be over in 14 days, and then maybe i can get a good nights sleep without having to drink myself stupid first lol.

 

xxx

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If thy dont settle before the court date and i actually hav to stand up in court does anyone kno what sort of q's the judge may ask? or will he just make a decision based on the evidence iv supplied in the bundle? If its the former i guess id better get swotting!!!:rolleyes:

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well im due in court a week on wednesday, hoping i dont get a letter saying my case has been stayed or it could be atleast a year before i get my money back!:mad: Wish id started the proceedings a few weeks earlier LOL

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