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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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shagtastic v nationwide story upto MCOL so far..***WON***


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hi all,

 

Just to confirm... now that nationwide have acknowledged my MCOL claim, i do nothing until i get the notification from court, then i send a copy of schedule of charges to their solicitors?

 

thanks

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Shagtastic...

U are taking a major financial institution to Court.

They are looking to find any which way to avoid having to give U YOUR money back which they have already unlawfully taken from U and possibily caused U untold misery in the process.

It has been known for Claims to be STRUCK OUT or STAYED cos of small errors by the Claimant.

It has also been known for COSTS to have been awarded AGAINST the Claimant, for bringing a Claim to Court, where there is little hope of that particular Claim succeeding.

Do U really want to lose your Claim and perhaps get into further debt, all cos of avoidable mistakes??

If there is anything that U don't understand about any part of the Re-claiming process, just post on your thread and someone will come along and point U in the right direct, hopefully.

Just remember that no-one gets paid to spoon feed U, U have to put some effort in yourself.

It won't help U if U take umbrage when someone does point a mistake out to U.

Next time, they may not bother, there is certainly NO obligation to help .

Page 1 of the following link says it all really...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html

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Just remember that no-one gets paid to spoon feed U, U have to put some effort in yourself.

It won't help U if U take umbrage when someone does point a mistake out to U.

Next time, they may not bother, there is certainly NO obligation to help .

 

Page 1 of the following link says it all really...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html

 

 

 

Why do you haveto respond in such a patronising manner? Of course i dont expect to be spoon fed and the whole point of posting IS to point out my mistakes to me...but there is no need to have that tone with me.

 

Of course i realise the enormity of this excercise and I've had plenty of responses from the wonderful people here who have managed to point out my mistakes without making me feel a fool.

 

If YOU find it too much of an 'obligation' to respond without patronising me then please dont....i think i'll take my chances that other members here will help me if they feel they can

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24/5/07

 

recieved acknowledgement of service today through the post..do i just need to send a copy of the schedule of charges to the solicitors? should i sent copy of statement too?

 

thanks

 

 

shaz

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I don't see why it should be a problem for the court. MBNA have provided you with the list and I can't see why the court would object. If MBNA haven't done as you requested on your SAR write and remind them what is missing that you asked for. With a bit of luck you should get it before court bundles are due.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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the review for my overdraft is up on the 20/6/07 which is £1000..my charges also equal this roughly...do you think they will refuse to give me an overdraft when its time to review?

 

has this happened to anyone else?

 

 

thanks

 

shaz

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  • 3 weeks later...

28 days after date of issue and acknowledging the claim nationwide did not put in a defence so have applied for judgement today via MCOL...does this mean i have won?

 

 

Assuming now the court will advise nationwide and they will settle immediately as i requested in my application for jusdgement...

 

 

 

thanks

 

 

 

shaz

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In theory yes but banks have been known to enter a defence a couple of days after the 28 deadline has expired-and the courts seem to allow this!

 

As such I would give a couple of days and then ring the court to see what the state of play is.

PPMAN159

 

If this comment has helped please click on the scales.

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thanks PPMAN,

 

have just checked my nationwide account and there is a credit in there for £721 which is the amount minus the interest and court costs..reading other posts they can sometimes put the amounts back in but in different amounts..am i correct in thinking this? If so, how long does it take for them to credit the rest of the money?

 

 

What happened next with the judgement? If they onyl give me the 721 how do i go about getting back the rest of the money? off the top of my head its about £1081. I assumed the judgement meant they hadto pay all the amount on the judgement form.

 

sorry for all the questions!

 

 

shaz

 

edited just to say, I've just checked MCOL and it says they put in a defence on the 16/6??? how come it let me go through the judgement procedure? plus they already refunded me part of the money? confused now..is this normal??

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They will probaly pay the charges as one amount and then the court fees and interest as another-give it a couple of days and the funds should be there.

 

Have they sent you a form detailing that the claim has been paid?

 

If so you will need to send a copy to the court so that the claim can be cancelled.

 

 

Once it is all in

PPMAN159

 

If this comment has helped please click on the scales.

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Haven't received the letter yet..this is the third MCOL claim i've won now but cap 1 and MBNA paid the amount all in one go..they were a lot lower amounts that this one though but i suppose banks/BS may do things a bit differently.

 

Wil wait pensively for letter from nationwide admitting no liability and their defence details from court!

 

thanks again

 

 

shaz

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well, got letter from nationwide todday stating they will be refunding all my charges ..which they now have!

 

Also, not sure if i already mentioned that i hasd about 4 DD's returned last month so got a letter telling me i was going to get charged £124 on 28/6 so i worte to them basically asking for them not to charge me as i want to get back on my feet and very politely said that if i was charged i intended to reclaim my charges again...anyhoo, in the letter they sent they also stated that they are cancelling the pending charges to my account!

 

They did give the usual speech about if i "breach t and c's of account again then they will close my account"...didn't like to mention there was anothe 2 charges during the course of the year for returned DD's but wil not be reclaiming those...had they charged me the £124 then i would have..

 

 

so i guess this is also a successful claim!

 

 

thankyou all

 

 

 

shaz

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Shaz.....

 

got paid today....so yours must be round the corner.....;)

 

good luck and i'll keep an eye out for when you get paid....

 

 

regards

 

Nick (busa)

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