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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
      • 160 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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shoe vs Monument credit card**WON**


shoe
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well these are being a right pain and yes i do mean MONUMENT !!!

They have now filed a defence with 11 bullit points ?

well i telephoned my local court where the case as been transfred to and they informed me that they had been informed that Monument said they have paid the defence on the 26th april ! And no they have not !

the very nice lady from the courts advised me to contact Monument!

So i did ....:o i telephoned the solicitor via telephone !

the guy who is dealing with mt claim was off this was Friday...i was informed by his collugue that he would be back Tue after the bank holiday , but he said i am sure he will be willing to settle this claim.....and to ring back tue am....

So we shall see as anybody else experienced this ???:confused: :confused:

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Hi Shoe,

 

I'm not familiar with Monument's defence, so it would be helpful if you could post it up here.

 

Has the court dispensed with the AQ, as it did in your Lloyds claim?

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Sorry, yes, an Allocation questionnaire. In your Lloyds claim you got a letter saying it had been dispensed with - is it the same with this one?

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No Sorry you must off miss understood me or explained wrong where it says allocation questioner it as been crossed out ???

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i have today spoken to the roude chap that is dealing with my claim !!

he said that info regarding paid defence as never been stated !!!

he tried to scare me saying it looks like this case may go to court all the way !! so i said well thats fine i am prepared to do that !!! but really i was and am very scared !!!

then he asked me if i had a court date yet ! so i said i sugest you check all your paper work if you are not aware of the stage of my claim and put the phone down !!!! i was so so angry !!

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Been crossed out of what?

 

Can you post up the letter from the court please?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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To all parties

A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the claimant lives or carries on business.

please read the accompanying carefully (then the next sentence is crossed out) and note that the allocation questioner should be returned to the xxxxxxx county court.

All further communication should be addressed to:

name of court and telephone nub....

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Ok, yes thats fine it would seem that the AQ has been dispensed with then. You need do nothing for the time being.

 

It would be helpful if you could scan or type up monuments defence though.

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Yes. Its in the templates library.

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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hi all

just a up date my claim is still with the district judge awaiting for direction which means ?????

its been around 3 weeks now i keep telephoneing the court and they keep informing me of the bck log !!!!so i am just sitting and waiting now ! should i be doing sumert more ???

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! should i be doing sumert more ???

 

Did you write with the draft order for directions? If not, I would do that straight away so the judge has it when he considers your case - see here

 

Steven

 

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Hi Steven

thanks for your advice but before i give it a bash i will ring am in the morning incase of cross wires.xx

ill keep you up dated i am sure i will need lots more help.x

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Hi Shoe,

 

I'm not familiar with Monument's defence, so it would be helpful if you could post it up here.

 

Has the court dispensed with the AQ, as it did in your Lloyds claim?

 

Hi, Don't mean to tag on your post but I got my Monument defence today but i posted in Barclays. Should I be in this section?

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yes the court as dispensed with the questioner the same as Lloyds !!!!

i will post there defence up am sat ! its the 13 point defence !

still heard nowt !

if you get chance i need some advice regarding my lloyds claim look at my thread please !!!!!!!!!!

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hi guys,

 

sorry to hijak your thread shoe but i was wonderng do Monument generally tend to settle claims or do they defend until the bitter end? I'm currently claiming back my charges from them at the moment. I've got to the stage where i've sent the SAR, calculated the charges, sent prelim and lba and have now recieved a letter from monument offering half the amount back but none of the contractual interest

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Hi shane

this is how they played it with me ! But i was not happy with half the amount because if i can get the full amount this will more or less clear my balance ! yes they do tend to take it all the way ! i am still awaiting a court date but i will take it all the way !

this companey as a bad attitude and are very very rude ! And the money is yours !

i am in no rush with this 1 as this will just clear the debt !

yepee.xx Good luck and do what you think is best for you but you will get loads of advice and support on this site !

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Hey shoe thanks for the advice I will definitely see this to the end!! I totally agree they have a terrible attitude. My original credit limit with them was £200 and now my balance stands at £896!!! They owe me £935 in charges alone and a further £525 in Contractual interest!

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