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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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Please Help - In Court Tomorrow (Thursday)


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My date in the small claims court against the Clydesdale is first thing tomorrow morning. I didn't expect my case to get this far as I am only claiming £228 in fees + interest at 8% + £39 small claim fee and I've followed all the letters before action etc as detailed on this site.

 

However, I have had absolutely no offer from the bank. Therefore I need to prepapre for court. Is there a thread somewhere telling me what happens in court and which legislation I should quote?

 

Thanks, Abandon.

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Did the bank file a defence with the court??? Have you been checking your bank account???

Dont't worry about appearing in court if you have to.... its only a preliminary hearing for the judge to decide whether or not there is a way off settling things between yourself and bank before a date for a proper hearing is set.... very unlikely this will happen as if I'm not mistaken the banks have never turned up in court yet..... just keep checking your account today and tomorrow before you head of to the court :D

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The bank has filed that they "instend to state a defence". I closed the bank account a few years ago so I can't check and presumable they won't put any money in it!

 

I can't help but worry! I don't want to be the test case.

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Well keep an eye on your post... hopefully there'll be a cheque dropping through your door.... like I say its very unlikely the court will appear tomorrow so keep your calm... turn up if you have to... take copies of all the correspondence you have sent along with the schedule of charges.... don't worry I'm sure it will be fine.

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I attended court. It was a preliminary hearing. The bank submitted their standard defence which I was given some time to read. I then stated that I disputed their defence. The bank's solicitor then asked that since it was a joint account, that I provide a written statement from my wife saying that she was happy for the case to go to court. The judge said that this wasn't necessary and now I've got a date for the case to be heard on 27/7/07.

 

I noticed that the non-Clydsedale bank charge cases were all being recorded as "case settled" before court. Ie it's only the Clydesdale taking it this far.

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The preliminary hearing was OK, in fact the whole experience was quite interesting as I sat in and listened to all of the cases before me. Also the Small Claims court was obviously designed to put the lay-person at ease. However, I hope the Clydesdale settle before the main hearing as I don't really want to be the test case!

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  • 4 weeks later...

Well out of the blue, a cheque for the full amount arrived today. I wasn't expecting that until just before the next court date on the 27th July.

 

So, anyone reading this, it looks like the Clydesdale reckon it's worth paying some solicitor's time for preliminary hearings in order to presumably have some claims thrown out due to the claimant not attending court / being frightened off.

 

All you have to do is attend the preliminary hearing which is no hassle.

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!!!congratulations!!!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Thanks - a relatively small amount I know but it feels good. My family was really struggling for money when these charges were taken. I tried to discuss the situation with the bank at the time but they didn't care. I've got my money back now and the branch has closed down since :) Good!

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