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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
      • 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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quest v natwest


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Short and sweet answer for you.................... yes!!!! xxxx :p

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Hi again quest.......... try here http://www.consumeractiongroup.co.uk/forum/natwest-bank/74934-natwest-contact-information.html you want the Borehamwood address! xxx :p

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So Wendy, I Have Had A Look At The Simple Excel S/sheet And It Looks A Lot Better For Me. I Feel That I Would Be Much Better With This 1 And Am More In My Comfort Zone.

So I Only Omit The Last Column, Which Is The 8% Details On This 1 Don't I ?!

 

Hi quest - don't 'omit' the column, just 'hide' it! If the claim goes to court, you can then 'unhide' it again! xx :p

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  • 1 month later...

Only standard advice (which I'm sure you're doing anyway!)........... recorded delivery to Borehamwood!

 

Good luck quest! ;)

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  • 4 weeks later...
- Which Nat West bank address do I use for the Defendant’s details on the N1?

It's in the Natwest sticky contact information - Bishopsgate address.

 

- I am also helping someone with a joint account claim, do both account holders have to sign the N1?

I'd be inclined to get them to both sign.

 

- At the bottom of page 1 on the N1, Do I put all the appropriate values under the value box and then again in the box pre-printed on the form, (seems a bit odd to put them twice?) the forums notes don’t really say what to do here??

Yes - you enter them twice

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just. My charges are £362.71x0.00022=0.0797962 So is that 80p per day? Who sits there and works out that calculation, 80p per day from the date of issue to date of settlement?

Yes - 80p per day.

 

Hope that helps! ;)

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Absolute poppycock - there's my thoughts!

 

They're hiding behind the OFT ruling - the £12 is still a penalty charge and is still unlawful. Don't be fobbed off by them quest - they've paid plenty of credit card penalty charges lately............ in full I might add!

 

So.......... absolute rubbish - go after your money and don't take no for an answer! ;)

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They should do - they checked mine to make sure I'd included everything. To be honest though quest, if you follow the PoC here 4. Particulars of claim - N1 - hard copy version you can't go wrong! ;)

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S69 Interest Is Definately The 8% Interest Isn't It?

 

Spot on! ;)

 

And if you're not reclaiming any overdraft interest, just leave that out (didn't claim it myself either......... way too complicated to work out!!)

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Good! It's really nerve-racking doing the N1 (I checked mine about twenty times before printing it off!!) - but once you've got everything right on it you can relax! x ;)

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  • 4 weeks later...

quest, phone your county court tomorrow. If Cobbetts haven't acknowledged your claim you can apply for Judgement against Nat West. They should acknowledge your claim within 14 days of it being served on Nat West.

 

In your parents case, they have 28 days to file a defence from the date their claim was initially served on Nat West - but they often file late. :)

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Hi quest,

 

If you've been advised by the court that you can request judgment against Nat West, you'll need to complete the Notice of Issue and take it into the court office.

 

On the Request for Judgement section of the Notice of Issue, tick box A - underneath it tick the small box that says 'the defendant has not made any proposal for payment'. Sign and date it as the claimant underneath.

 

In the next column (where it has your details) - at box D, tick that you'd like paying immediately. Then enter the details of your claim underneath as requested (amount you're claiming).

 

Best of luck - hope it goes through without any problems :)

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