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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
      • 160 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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Mafflondon V Barclays ***WON***


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They will tell you when to submit the bundle. You've probably got a bit of time before you need to, but I can only tell you that my bundle was ready a few days after I received the AQ.

 

If you havn't looked before, here's the bundle link.

Good Luck

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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  • 3 weeks later...
  • 1 month later...

Wandsworth County Court have set a date for a hearing for small claims track for 22.05.2007.

 

I have downloaded the basic court bundle. With this, my bank statements and correspondence is there anything else I need to send? I am a bit confused by the court's request to send copies of "signed statements setting out the evidence of all witnesses..."

 

Any advice would be welcome

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Court Bundle ready to be sent ahead of court hearing on 22nd May 2007.

 

Just need clarification on a couple of things before I copy and post. Do I simply copy my last schudule of charges (the one that went to MCOL) or do I update it e.g. amend "days since offence" and therefore 8% interest will be increased as well?

 

Also, I have noticed a mistake in my schedule with the date of charge ( I know I know, should have been more thorough). Should I change it now or just leave it as it is? The charge amount is correct. I stupidly entered 12/09/04 instead of 12/08/04.

 

Urgent advise please?

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  • 2 months later...

When you open the conversation, just casually mention that you have just spoken to the court concerning the defendants court bundle and although it is clear that all parties are in possession of YOUR documents, theirs seems to have been delayed somehow, express your concern that they will not be in a position to defend the claim if not submitted in time.,that is IF theyre going to defend.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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I'm right there with you Maff - court for me on Tuesday as well.

I'm dithering as to whether to ring Barclays and try to get them to settle beforehand. I haven't received Barclays' Bundle - so they are in breach of the court order there for a start. I think I'll let it ride for a bit longer - the closer it gets the less time they have to get their act together, just in case they do decide to defend. My thinking is that if I just stay quiet, and not hassle them they'll just not show up and the judge'll rule against them.

 

Anyone think this is a bad plan? - let me know.

S.A.R - (Subject Access Request) sent 06/11/2006 - no statements yet

Prelim Letter sent 13/11/2006

"Sorry you're unhappy" received 16/11/2006

LBA sent 27/11/2006

Reply to LBA with 50% offer received 01/12/2006

"Thanks, but no Thanks" sent 01/12/2006

MOCL filed 11/12/06 - deemed served 17/12/06

MOCL acknowledged 29/12/06

Non compliance with S.A.R - (Subject Access Request) letter sent 04/01/07

Statements Received 08/01/07

MOCL Defended 12/01/07

AQ received 17/01/07

AQ done and delivered 19/01/07

Court date 22/05/2007

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Hang on in there mate, they've just agreed to settle my case (by letter and without me reminding them), you can't be far behind.

S.A.R - (Subject Access Request) sent 06/11/2006 - no statements yet

Prelim Letter sent 13/11/2006

"Sorry you're unhappy" received 16/11/2006

LBA sent 27/11/2006

Reply to LBA with 50% offer received 01/12/2006

"Thanks, but no Thanks" sent 01/12/2006

MOCL filed 11/12/06 - deemed served 17/12/06

MOCL acknowledged 29/12/06

Non compliance with S.A.R - (Subject Access Request) letter sent 04/01/07

Statements Received 08/01/07

MOCL Defended 12/01/07

AQ received 17/01/07

AQ done and delivered 19/01/07

Court date 22/05/2007

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Court date 22nd May.

Received letter from Barclays on 16th May, oferring full amount + interest + court fees. totalling £2350. Replied by fax, crossed through confidentiality demand and followed up fax with email. Money in account on 17th May!

FANTASTIC result and only down to help and support from CAG members. Thanks guys!

Will now do survey, continue to search internet via CAG and make a donation of course.

If this is not linked to my thread search mafflondon V barclays for my history.

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