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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Kopstar takes on Nationwide ** SETTLED **


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Hi, just like my Barclays thread i am seeking refunds from Nationwide of £1250 including interest & court fees & can't believe they have not budged, they have (it would seem) employed Eversheds in Cardiff to deal with this, they lodged defence yesterday with only hours to go to the 28 day line, now waiting on the court papers.

Thanks for all the info on this site it has helped tremendously & i would encourage other to go for it, just follow the procedure. I will keep you posted on the steps ahead, just don't expect to end up in court.

Andrew

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28 days passed, no cash, no defence papers, but, sat here in my back garden enjoying a vino & this is more entertaining than big brother, or watching wednesday for that....

Enjoy

Andrew

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Just like Sittinpretty I received my papers from the court yesterday, NW defends citing that they blah confirm I have an account blah but the blah charges were in the contract blah & they told me they'd charge me blah. Wait now & see what happens BUT I have sent off my latest sheet of figures to the e-mail address @eversheds on the defence papers so....

Andrew

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Sit tight - DAY 39 - :) money has finally started to appear back in one of my NW accounts - however, they have only refunded the actual charges taken, - no interest or refund of court costs as yet.

I am sure you will get your money back soon - keep checking your account!! (not that you don't do this every ten minutes anyway!!!!)

Good Luck - keep us all updated.

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Wow!! Congratulations!!!!! That is fantastic news, did they pay you the lesser MCOL amount that you emailed Eversheds about yesterday or the original amount? I wonder if you emailing them made a difference, in which case that's what I will do as they stil haven't paid me a penny! Best of wishes, sittinpretty.

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They have paid the charges, they have yet to pay the interest or court fees, I e-mailed them with an up to date figure for the full amount, but I don't think that made a difference. I think it's just time pressures, you will get yours, to be honest I can't believe it's there it was only half-heartedly I checked beacuse Girlybiker got hers today.

Good luck SP it'll happen soon. Any one heard from Dunk101????

Andrew

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Bit of a schoolboy error on the banks part but they seem to want to pay me twice, not to bore you with the details but they have paid it again....the refund of charges but no costs or interest.....Hmm what should one do.....Not spend it obviously.

Andrew

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Have been reading your story with interest.

I have followed the procedure to reclaim my bank charges with the Nationwide. Wondered if you would kindly offer some guidance as this all seems very confusing. I am at this stage........

received my 'notice that acknowledgment of service has been filed' dated 16th May 07, attached to this defendants details ie Eversheds at Cardiff.

To date (now over 28 days) havent heard anything by post and not sure what way I go now? I did my claim online and I am unable to go any further online as it states it will be transferred to the appropriate court for continuation. Did this happen to you kopstar? Do I just sit and wait for communication via post? hope you can give me some hope!!

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The same thing happened to Girlybiker, Sittinpretty & myself. Ours all passed 28 days at the very end of May, defence filed at the last minute, I heard nothing for 10 days & then got notice it was being transferred to local court for hearing, within the week they had paid up. We all thought we had made errors in our cases, but they all got paid eventually. Just hang tight & see what happens, prepare your case for court if it passes the time. Chances are you will not need to but it pays to be in front of them.

Good Luck & keep smiling.

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Many thanks for your reply......gives hope! Am I right in thinking that you would have received an Allocation Questionnaire from the court which you had to complete and send back?....or did you not get to that stage? What sort of info is worth preparing if the case does come to court? Thanks for any info. jm

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It's worth starting your own thread so that people can keep up to date & help. if you follow the link below it will tell you what is needed, you have to prepare for it but in reality it should not come to it.

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Good luck & hang on in there.

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