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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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emmakinkybear v Natwest **WON**


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Yeah if you win!!!! i have seen a case today where the claimant lost and was ordered to pay the defendant over £3000 n solicitors coste etc. Not sure that would be fun!!!! Although she didnt put up a very good argument

 

Have you got details of that or a link?

 

Steven

 

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I work in a county court and therefore I cannot provide any details of the case i'm sorry to say. I just wish that she had gotten somme help from here. I may work in a court, but I am still vary unsure as to what route to take. I know what DJ's are like. They change their minds as often as their Mercs!

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I understand. No doubt details will emerge. But as you imply, doing it the CAG way does seem to work.

 

Personally, I prefer to be involved rather than just passing the case over to someone esle like the FO. However, I take your implied warning and will be a little more circumspect in future.

 

Steven

 

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However is must state that after speaking to a few judges about the claims going on in my court, that case seems to be the only one that has gone to the hearing stage. All others have settled before getting that far. Our top judge has made what is know as a variable paragraph up that all our judges are using, making it difficult for the banks to comply. My main problem is that I cannot issue at my own court due to predjudice views. So I will probably have to issue at Manchester county court. Just need to know what their judges orders are like now. Time for some digging me thinks!

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The number of cases that have been settled run into thousands, those that have gone to court number a handfull and they are usually for some oddball reason. The Birmingham case was a cataloge of errors

 

Steven

 

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Emma

 

I think it's your statement of evidence that really matters but then only if the case gets to court, which it almost certainly won't

 

Steven

 

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HiI appreciate that ou cannot give actual details but wif you tell us which Bank then we can find out. As for cost is she appealing 3000 cost seems a bit excessive unless as even cobbetts are only quoting 300 in their AQb

StevePM

 

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I he no idea if she will appeal the order, as it was only just being drawn today, but as she and counsel for Loyds attended, she will already know the outcome. I just hope that she gets help with this matter. Must admit that my heart sank for her when it was brought to my attention

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emmakinkybear, I have not come across any awkward directions from Manchester court, but when you receive them post them here and we will be able to advise you. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hi Emma & Sif

 

We are ahving a meet in Manchester on the 6th July

 

If you fancy coming along the thread is here

http://www.consumeractiongroup.co.uk/forum/cag-meets/89802-cag-natwest-forum-members.html

 

Paul

 

"Wisdom Begins In Wonder"

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  • 5 months later...

That's great news Emma - well done and..........

 

CONGRATULATIONS!!!!

 

:D :D :D :D :D

xxxxx

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Congratulations . . . . well done . .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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