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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
      • 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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Vanderpelt Vs Barclays Trading as Monument **WON**


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Hi guys

 

I followed your advice and got the information from Monument reagrding my account (they did not charge me the £10s and send me a table with the charges except for 2007 (which i had statements for)). And i worked it out to be £400. + £50 court fee.

 

So they had until the 8th May to submit a defence and they did so on the 11th and now it seems i may have to go to court (the court has yet to send me the next bit of paperwork).

 

any help on what happens next?

 

thanks

 

Van

Vanderpelt Vs Monument "won" (5 mins before court)

Vanderpelt Vs B'Card WON

Vanderpelt Vs Natwest WON

Vanderpelt Vs Cap 1 WON

Vanderpelt Mrs Vs B'Card WON

Vanderpelt Mrs Vs Marbles WON

Vanderpelt Mrs Vs Cap 1 WON

Vanderpelt Vs HFC (2 PPI, both WON)

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Well i have had my AQ sent through, I have read what i am supposed to do and i plan to do it tonight, however due to my own delays i did not go to court on the 8th to seek judgement, and they faxed there defense in on the 11th.

 

could i ask the court to set that aside?

 

thanks

 

Van

Vanderpelt Vs Monument "won" (5 mins before court)

Vanderpelt Vs B'Card WON

Vanderpelt Vs Natwest WON

Vanderpelt Vs Cap 1 WON

Vanderpelt Mrs Vs B'Card WON

Vanderpelt Mrs Vs Marbles WON

Vanderpelt Mrs Vs Cap 1 WON

Vanderpelt Vs HFC (2 PPI, both WON)

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  • 2 weeks later...

Well i have submitted my AQ to the court and to the other side, i suspect (as i work with this court in my job) that it will be a 5/6 weeks before i hear anything.

 

What should i do in the meantime?

 

Van

Vanderpelt Vs Monument "won" (5 mins before court)

Vanderpelt Vs B'Card WON

Vanderpelt Vs Natwest WON

Vanderpelt Vs Cap 1 WON

Vanderpelt Mrs Vs B'Card WON

Vanderpelt Mrs Vs Marbles WON

Vanderpelt Mrs Vs Cap 1 WON

Vanderpelt Vs HFC (2 PPI, both WON)

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you could start getting together your http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

So that you have everything together or at least know whats needed for a court bundle and have an understanding of what you have to do next

 

Also have a read here http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

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  • 1 month later...

I have had my court date, (15 October :( ) but as i work for the home civil servaice i am not surpised by this, what did get me was the following. If the defendant does not attend in person, there defence will be struck off and the costs awarded to the claimant.

 

it is not the exact wording, but this seems good to me

 

anyone else have this?

Vanderpelt Vs Monument "won" (5 mins before court)

Vanderpelt Vs B'Card WON

Vanderpelt Vs Natwest WON

Vanderpelt Vs Cap 1 WON

Vanderpelt Mrs Vs B'Card WON

Vanderpelt Mrs Vs Marbles WON

Vanderpelt Mrs Vs Cap 1 WON

Vanderpelt Vs HFC (2 PPI, both WON)

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  • 2 months later...

Well i won, ish

 

They sent a solicitor to the court (which i was terrified with) who presented a letter stating that we think your mad however offer to pay all i asked for without liability blah blah blah. So i read it and signed it and went to the judge 5 mins later (that close to the trial) and explained that we had resolved our dispute.

 

He was great and has made an order to adjourn my matter for 28 days (to make sure they pay) and if they dont than i can go back and he will re-instate and instruct baliffs. Thou he did mention that had they not offered that he would have waited for the court case to go through before ruling, the solicitor stated that that was for banks not credit cards. (but just to check is that right can i still go for my other cards?)

 

thanks all 1 down 9 to go!

 

Van

Vanderpelt Vs Monument "won" (5 mins before court)

Vanderpelt Vs B'Card WON

Vanderpelt Vs Natwest WON

Vanderpelt Vs Cap 1 WON

Vanderpelt Mrs Vs B'Card WON

Vanderpelt Mrs Vs Marbles WON

Vanderpelt Mrs Vs Cap 1 WON

Vanderpelt Vs HFC (2 PPI, both WON)

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Hi Van, This is great news.

 

Well done and Congratulations.

 

Yes - any credit card claims should proceed without Stay.

 

Slick

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