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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.

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      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.
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      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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help please- re court


kaka142003
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Hi,

I have started court proceedings against lloyds. However a few days after I did, lloyds sent me a letter offering partial payment as full and final settlement. Im obviously not going to accept this but am stuck as to what to write in the letter. They said in the letter that the money will be in my account in 10 day so in the letter I dont want I dont accept the money thats in my account as its not yet there, I also do not want to give them permission to take the money out as its not there!! Should I accept as partial payment or just say no to it all. If I do accept it as a partial payment will this confuse things for court??

 

Thank you

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Simple - I do not accept your offer, see you in court. Follow it through and get the full amount.

 

If they do put money in your account do not spend it. My guess is that at the court doors you will be offered the balance in full and final, then you get to spend all of it.

 

Good luck.

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Well worth sticking out for then..................:p

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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and your answer is........................?:D

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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hi,

in the letter should I just say no to the offer or say I accept as a partial payment?

 

 

Personally speaking, i would say you except it as part payment and then continue with you claim

 

;)

 

XxXxX

 

 

If I have been helpful, PLEASE click the scales

 

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Just asking a question on behalf of my sister. She would like yo claim money back from abby, but she is worried that if she soes it might affect her morgage that she has with them......Does any one have any advise please??

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Just asking a question on behalf of my sister. She would like yo claim money back from abby, but she is worried that if she soes it might affect her morgage that she has with them......Does any one have any advise please??

 

Hi

As far as I know, it shouldn't affect it, they are seperate agreements. Maybe ask on the Abbey forum:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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mortgages are different to bank accounts/ od's and cc's in that the lender cannot just close them down. You would have to give them cause i.e be seriously behind in your payments with no prospect of paying and then it could only be done by the court.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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  • 3 weeks later...

Hi,

I have started court proceedings against lloyds. However a few days after I did, (14th may) lloyds sent me a letter offering partial payment as full and final settlement, and stated that they would pay it into my account in the next 10 working days. I sent tham a letter saying that I will not accept this offer as full and final payment, however I would except it as partial payment ang continue with court proceedings. They acknowledged the claim and had until the 30th may to enter a defence.... Which they have not done, after taking advice from this site i decided to leave it a week after the 30th may before i sent the judgement by default which will be tomorrow. Today in the post I have recived a cheque for the payment that they offered, the letter that they sent with it says " Further to our previous letter please find enclosed a cheque made to the value of £750. we are very sorry there has been some delay"

 

What do I do next?? Do I pay the cheque into my account and then send off the judgement by default?

 

Thank you

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  • 1 month later...

Can anyone help?

I received my allocation questionnaire from the court, so I filled it in and sent it back.... I have now received a gerenal form of judgement or order, it says...

Upon reading the court file:

IT IS ORDERED THAT

unless the defendant files an allocation questionnaire with the court office within 3 days of service of this order, the claimant shall have permission to enter judgment, the defence and any counter claim shall be struck out, and the defendant shall be debarred from giving evidence about any claim for damages.

 

I have waited over 3 days now so i went to the court today to enter judgment, the man at the desk asked if I wanted to send in the baliffs?? this confused me as I was not expecting it so I have come away without doing any thing so that I could find out the best thing to do next???

anyone have and suggestions?

also I spoke to someone in the courts on the phone and asked if I enter judgement what are the chances of lloyds getting a stay, she told me that its not really something the judge will do anymore??

 

Please help:???:

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I'm no expert but i haven't heard or read anything like that before, and IMHO i can't see any logical reason to go straight for a warrant.

 

Once you've been issued with your judgment by default, you can send and fax a copy to SC&M giving them a date you would like payment by.

 

It may take a week or two to recieve it, but from what i've read your likely to get payment quicker by following that route than you are by going the warrant route which is likely to take at least a month.

 

This will explain the ins and outs of it;

 

http://www.consumeractiongroup.co.uk/wiki/index.php/Guide_to_reclaiming_bank_charges#Default_Judgement.3F

 

Good luck

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