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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
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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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Bank Charges ***WON***


Liani
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John, don't you just get fed up hearing win story's :D I know how you must be feeling, pleased to hear of member's winning but at the same time, wishing it was you. Cheer up, I'm sure you will have good news for us tomorrow. I think I got my first lot the day before court so check your account after 12pm to night if you have Internet banking, you never know.

 

Good luck for tomorrow by the way:)

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi John,

how did it go?

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi Pen

 

Not as well as I'd hoped but, to be honest, what I expected. I've posted on my thread but this is what I said:

 

An update...........just back from the County Court where my claim was listed today for a "pre-trial review" - along with around 40 or so other cases which took up the whole list for the Judge today. All the banks were listed but it seems only one (Barclays) had sent along a barrister to represent them - and even he had no instructions to settle cases, only to agree directions. Apparently Barclays are deciding whether to pay up on all their cases or to defend them all - so nothing new I suppose.

 

Back to my case and LTSB. Although they had 10 or so cases listed today, they instructed a barrister on only one - the one before mine! He had no instructions on my case and therefore couldn't deal with it; so I saw the Judge alone.

 

The Judge, bless him, seemed tired of being told that either so many cases had already been settled or that no one was there to represent the various banks and I think rather relished the opportunity of granting me the order for directions that I had proposed to SC&M (and copied to the Court) back in April. In fact the directions were given with the exception of the need for witness statements or decided cases.

 

A preliminary hearing with a 30 minute time slot was also ordered - likely to be in the 1st week of September.

 

Not the result I had hoped for by today (I strangely thought that I might have heard in settlement by now) but a form of progress none the less.

Although my claim is "multi-track" size the Judge ordered that it be allocated to the SCT (as both parties had requested) so at least cost exposure is not an issue. LTSB have been ordered to provide evidence of their costs within 28 days - so we'll have to see what they come up with?

 

John

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