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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
      • 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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Oh The Audacity of DG


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I'll bet you haven't, Pete!

 

Where are you Auburn...............????

 

Come back with your hat - don't listen to that wind-up merchant! :wink:

 

I thought it was lovely, it was you , - individual ,making a statement..........:cool:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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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How about this version, Auburn?

 

Thanks for asking me to have a look at it for you, I can re-jig it with a clear conscience now:

 

"Please find attached Forms N244 in relation to the above mentioned case, along with supporting documents. I would respectfully request that these are passed to the Judge for the allocation of a hearing date.

 

My concerns in relation to this are set out in part C of my statement attached. I really do believe that this stay would not maintain the status quo, as it favours the bank by preventing the claimant’s pursuit of it’s legitimate remedy without placing any restrictions on the bank’s activities whatsoever and allowing them to further abuse the court process.

 

It is my contention that they had no intention of defending this case in court, as they have not done so thus far and I believe they are using the OFT test case in the same manner. By requesting stays quoting the ‘Test Case’ they are further delaying and abusing the court system for the bank’s own gain.

 

Attached is part C of my supporting evidence with regard to this matter."

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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The big point you have to get over is HSBC (DG) have just been delaying things and using the court system to do this, They had no intention of defending any case in court and you believe they are using the OFT test case in the same manner.

 

If the banks refuse to accept the courts judgement it the test case and keep appealing to higher and higher courts the case could drag on for years (my thinking is six years and they will clean up there act in the mean time) this would efectivly time bar a lot of the claims they are looking at currently and you can bet they will try to get the time bar included in the outcome of the test case to limit their liability.

 

pete

 

 

Did you see today's news, the Banks are revising their charges structures but are advising people the new charges will cost everyone aprrox £300 a year...

 

Well that will do me, it beats my £150 a month hands down !!!! :D but I still want the money they have already taken back !!! :evil:

 

pete

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Which news?

 

So £300 per year. Does that mean we get

* good saving interest rates

* good borrowing interest rates

* quick money transfers

* free withdrawals

* good fx rates

* same or more branches

* call centres that understand our needs and the UK banking system

* etc.

 

Also this means we hopefully can compare the costs and start switching. A bit of competition would drive that price down.

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ok am now filling inthe N244 and there are 2 things needed here urgently......lol.

 

in part 2 it asks what order am I applying for, I take it this is " removal of the stay"?? and also attach a draft order if possible. where can I get one of those???????

rockin all over the world

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I got the form straight from the court on the 6th when I called in to see if it had been stayed........the only thing I have EVER received from DG is the letter onthe 3rd telling me they were applying for a stay.............

 

DG have not filled on in...... it is me who is requesting a hearing ot have the stay set aside.

rockin all over the world

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just revamped the letter

 

Dear Sir,

 

Claim Number7QZ45507

 

 

please find attached Forms N244 in relation to the above mentioned case along with supporting documents. I would respectfully request that these are passed to the Judge for the allocation of a hearing date.

 

 

 

 

My concerns in relation to this are set out in my part C statement attached as I really do believe that this stay would not maintain the status quo, as this stay favours the bank’s by preventing the claimant’s pursuit of its legitimate remedy without placing any restrictions on the bank’s activities whatsoever and allowing them to further abuse the court process.

They had no intention of defending this case in court as they have not done so thus far and believe they are using the OFT test case in the same manner. By requesting stays quoting the test case they further delaying and abusing the court system for the bank’s own gain.

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

Attached is part C is my supporting evidence with this regards

 

 

rockin all over the world

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Good luck with your letter Auburn, it looks fine to me! Perhaps you should enclose a bribe for the judge???

 

A packet of chocolate hobnobs would certainly get MY attention........ That or gratuitous nudity anyway!!!

 

I' d go with the biscuits personally, judges are all dipped in the weird tank at birth, so nudity probably have no affect.

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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Thanks Rob, maybe I should go all clad out in leather with whips and chains??? or shoudl I save that for the hearing!!!.....lol

 

right on my way in to town to hand this little lot in and sen dit via fax and reg to DG........

 

let battle commence.............

rockin all over the world

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I think she looks very fetching freaky!!!

 

lol

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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I agree with you Freaky - I liked the hat! :wink:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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maybe I should go all clad out in leather with whips and chains???

 

Now if you put that on your avatar Auburn.................. :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Pete told me to get a new hat so I did.......... now i hav gotten another one just for you freaky. leave it with me Johnny and I will see wha tI can do........

 

ok took the paperwork into the court this am and they looked a little surprised at a hearing being requested!!! this is usually reserved for solicitors..........

 

oh right was my reply....

rockin all over the world

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