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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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      • 81 replies
    • 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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Bank Charges ***WON***


Liani
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Is it the same as this defence?

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb.html#post466483

 

Probably will be the same, nothing to be concerned about. Nothing to be concerned about.

 

I presume you filed on line, therefore send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed as below:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Your faithfully

 

Dear Sir

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

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Do not worry, they started adding in that paragraph as standard shortly after the date of my defence.

 

Send schedule to the court the claim has been transferred to. It is not too late.

 

You are not allowed to give up.

 

It is sad, but it is all about intimidation with the banks, read some threads from here and you will feel more positive:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

 

We will help you, I repeat giving up is not an option.

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Send the schedule to where it has been transferred to, if you have sent to Northampton then send again.

 

For next stage read here:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

There is a good prospect of being successful.

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You can add all charges right up to the date of filing at court even if not included in your prelim or LBA. Once filed becomes more difficult.

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  • 2 weeks later...

Usually a maximum of 2, allocation or prelim hearing are the same, usually only have one other hearing, i.e. the main one.

 

It is not essential to attend the prelim or the main providing you inform the courts in writing in advance first (the order / directions will tell you specifically somewhere about this). I would recommend that you do attend the main hearing though.

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  • 3 weeks later...

Regarding post 49, you do not need to prepare these documents until such time as the judge orders this, if indeed he / she does. I do not see from your thread that this has been ordered.

 

Any for c) and d) see the link in post 47 and below:

c) A statement of evidence

d) Cases and statutes, as found in the Basic Court Bundle

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Sorry if this has already been addressed but I just wanna make sure it's relevant to mine....we have had a letter asking us to send to the court and barclays a)schedule setting out each harge, b)copies of any statements, c) statement of evidence, d), copies of all decided and other legal materials to be relied upon.

 

what i'm confused about is.....is this the "court bundle"??? and if it isn't what is it and what IS a court bundle??? this seems enough stuff that they've requsted so what more would they want after this????? Also, what is a "Draft Order of Directions "???? as i keep seeing this phrase 2!!!

 

Hope someone can help me, i'm all confused!!!

 

You say a letter, is it an order? Can you please post it up in full (verbatim) please.

 

This is the draft order for directions:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html#post482191

 

Essentially the documents that constitute the draft order become the bundle.

 

I think your judge has ordered the draft order which is good news and will lead to a quicker settlement and should obviate the need for a court appearance, see my thread as to how matters should now develop and the steps you should follow (subject to your confirmation that the draft order has indeed been ordered):

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb.html

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MG1984 does not have her own thread otherwise I would have responded there.

 

If she (I presume a lady but not a monkey) is reading this then read here and start your own thread and post up the order I refer to in post 58 on that thread:

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts-please.html

I know it is confusing, that is why there is a no hijack rule (that I am guilty of breaking now).

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Pen - Last 2 weeks or so there has been a bumper number of payouts, yours included - the most I have ever seen. Who knows what is going on internally at Lloyds TSB.

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