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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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allen V's A&L


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Go to consumer forum basic page - go down you will see a section in RED litigation section

 

click on here

 

then you can choose all the banks or just A&L

 

then you will get a list of cases and numbers that have been settled after court cases launced but before hearings.

 

We should al fill these in otherwise they are not up to date - but it will give a picture to back up your case anyway.

 

Also if you go to BBC there is a financial section with lots of reports about the banks cases - especially where A&L have had their hands slapped - I will send some if you cant find them - not needed for stay appeal - but may be useful if you get hearing.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thanks for that Jan ive pm you back regarding another question. Do you happen to know the e mail address and contact name for a&l? and also should i e mail the name of the person at wragges that signed their defence papers even though she was a trainee?

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With regards to Wragges

 

the last letter I had before all the stays had an email address at the bottom near the signature - so I used that - I would say email the last person who sent you a letter and ask for a receipt of the email.Or email the general Wragge email and put the case number as the subject.

 

I would suggest something like :

 

I refer to case no xxxxx between xxxxx and A&L

 

this email is just to confirm that I am appealing against the proposed stay on the above case. I have completed the form as required by the courts(N244) and have sent this to the court on XXXX (date) No Doubt you will advise your clients of this fact.

 

I would appreciate the courtesy of a response just to confirm you have recieved this correspondence.

 

RegardsXXXXXX

 

 

I tried to get an email for A&L but without success - so maybe just send a letter as above to Bootle - for the attention again of the person who wrote to you last.I would say that when I managed to get through to customer services - they had all my court details on the screen!!!! So it may be worth a call a few days later to see if they have got the info.

 

then I dont think you can do much until you hear from the court.

 

In the meantime keep checking by doing an advanced search with your court name - to see if any other cases come up there

 

( search button on top bar/advanced search - box on left put in court name and search posts or threads)

 

Jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi well ive sent off my application to have my stay lifted along with the draft as advised by Jan (thanks again) and have got to wait now for the NICE judge to look at it. Though i was told that could be a few week. So here keeping my fingers crossed!!!

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keep your eyes open in the general section today - under seperate forum for merchantile cases - big hearing today

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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HI all well still waiting to hear back from the court and wragges have nt bothered to reply to my e mail either:(

This waiting is driving me insane:D feels like i should be doing some thing!!!! Is there any thing i should be doing ?

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not really anything you can do - just wait for the court to reply .:(

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi all it seems very somber on this site lately, like all the spirit has gone:(

Ive just spent an hour or so reading various threads and have noticed some thing, I started all of this back in jan filed my mcol in may and filled out my AQ beginning of july yet i never recieved a court date. Of all the threads that ive read EVERYONE that was at the same stage as myself at AQ stage then recieved a court date prior to the stays being put in:???:

Im now thinking this gives me a real disadvantage in applying for the stay on my case to be lifted

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to be honest if we were on any of the other forums I dont think I would be bothering with the appeal unless it was a case of real hardship. The other banks have started requesting individual stays ( not blanket stays ) and have been hiring expensive barristers at the stay hearings - and on the HSBC site are even appealing against one where the court lifted the stay on a hardship basis - how mean is that ? They are obviously terrified that the floodgates will be opened again.

 

However A&L are not officialy part of the court case- they have not defended a case yet- and so far as far as I know have not appeared at a stay hearing either. They have also settled a few cases recently.

 

Therefore as it stands at the moment in this forum we should take that into account when deciding what to do.

 

Most stay appeal applications have resulted in a hearing ( on why you want the stay lifted) So you have two angles ( if the A&L dont settle when you tell them about the hearing) Hardship - as the banks are supposed to deal with those cases - and on our forum I would have used the fact that A&L have deliberately delayed all settlements until just before the hearings - trying to make the claimants settle for less through fear of appearing in court.

 

But everyone on here has to make their own decision on what to do.

 

Apparently there is also a review of the waiver due by the FSA - i think at the end of September.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Cheers Jan think i just needed to hear a few words of wisdom:rolleyes: . I spoke to the court this afternnon and was told that a judge is looking at my appeal and they would let me know as soon as they knew anything. If i do get a hearing what should i take with me? And should i inform wragges? i have already told them im appealing. At least i will be doing some thing then

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At the moment your appeal is the document that you sent with the N244 form - and then really we are all on new ground

 

All I was going to do was emphasise that A&L had no intention of defending - take details of the settled cases on here since OFT case (sccobz might help you here as she has the numbers I think) and the litigation list of cases settled . And any personal particulars you think are relevant.

 

If you get a hearing pm me then and we will go from there.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi there

I also started around February and filed MCOL in May. I had to have my bundle in by 22 August, and refer back to the judge on 29 August for a Court date - which I did a week earlier as I was going away. Strangely enough Wragges have never submitted theirs. Unfortunately I havent got a date either as on my return I had a letter to say the case had been stayed, so like you I didnt actually have a date. Yesterday I filled in N244 form regarding lifting of the stay. So we seem to be at the same stage, hope you hear something soon. It is hard to stay focused though isnt it.:roll:

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Thanks Jan for all your advice dont think i could have got this far without the help of certain people (u know who u are!)

Well i have recieved a letter from wragges on sat, as i e mailed them to inform them that i was appealing the stay. The letter just went on about the test case and how their client feel they have to wait and will be applying for a blanket stay on all cases! I am going to give it til next week then contact the court again regarding my appeal, will let everyone know if i hear anything

 

Nicky x

And kpsh at least you had a sniff of court more than i got!! let me know if things move on for you, good luck i ll keep watching

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Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Allen

 

Sounds like our friends at wraggies are giving you the run around! I think its a new tactic they've taken on with these stay requests! Hope the judge is kind to you!

 

I think there's quite a few of us who received the same letter on Saturday

regarding stays and it's all new to us so we are all unsure what is going to happen? I've just filed my court bundle and I'll be really p****D off if they are granted a stay on my case!

 

If you need the list of claims settled by A&L since OFT Test Case just let me know and I can send you a copy (it may help)...

 

Keep positive

 

Regards

 

Scoobz

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Hi Allen

 

Sounds like our friends at wraggies are giving you the run around! I think its a new tactic they've taken on with these stay requests! Hope the judge is kind to you!

 

I think there's quite a few of us who received the same letter on Saturday

regarding stays and it's all new to us so we are all unsure what is going to happen? I've just filed my court bundle and I'll be really p****D off if they are granted a stay on my case!

 

If you need the list of claims settled by A&L since OFT Test Case just let me know and I can send you a copy (it may help)...

 

Keep positive

 

Regards

 

Scoobz

 

Hi Scoobz

i agree, think this is just another way of trying to put people off but infact all its doing is p*****g people off and making them more determind. Thanks for the offer of the lists i ll let you know if and when i need them as im sure they will help.

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I know! there are lots of threads and comments going around.

 

Can you see a deal coming up ?

 

where the banks lower charges - start charging for other services - but somehow get out of refunds for past charges?

 

If we dont get a full test case on legality I am not sure where everyone will stand.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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hadyanth vs Lloyds TSB - Goodbye fingernails...

 

 

read the last couple of pages on this thread - some advise on stays

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Well all the hoping and keeping my fingers crossed did .......NOTHING!!:evil:

I had a letter at the weekend from the court regarding my application to remove the stay the letter said

 

It is ordered that:

1. The said application is dismissed. The issues involved in this case (and very many like it) will be heard in a test case before the high court in Jan 2008, and it would be wholly disproportionate for these cases to be heard separartely before that decision is known

2. Additionally, the court is aware that an order staying many cases such as this was made after full argument in the high court (Leeds mercantile court) on 29.08.07 Carlisle and others v Clydesdale bamk and others which appears not to be distinguishable from the present case, and would be binding on this court.

 

GREAT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!:(:Cry:

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