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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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Feeling very wobbly can anyone advise? ***WON***


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Hi there, I'm new to all this so I'm not sure if I'm doing this right so sorry in advance if I'm not.

I filed my claim against yorkshire bank online, and as a result I didn't attach the schedule of charges (I'm also pretty sure I didn't include the account number as I shortened the N1 version instead of using the online version as I just didn't see it!:oops: ). Now I'm worried. Is there anything I can do? or should I just wait and see if that's their defence?

 

How do I find out if they've filed an acknowledgement of service? If they haven't then tomorrow I could supposedly ask for judgement in which case maybe it wouldn't matter about the former error. Can anyone help? Any advice greatly appreciated.

G Xx

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You need to contact the court and find out the status of your claim, You need to complete the N244 to amend your claim. Include your account number etc. Also attach a schedule of charges and send one to your bank.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

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Hi Lively lad,

the bank had until today to acknowledge being served. I have not had anything from the court to say that they have. Might it be that I don't need to amend the claim if they haven't bothered to enter a defense? Can I just ask for judgement by default on Monday?

Thanks

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You're grasping at straws here.

 

I have never known Yorkshire not to acknowledge. If the due date was today they have till next working day, so you won't get judgement on Monday. Even if you do Yorkshire will apply ( and almost certainly be granted) a set aside.

 

See here for advice on amending a claim:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html#post375815

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Hi Michael, thanks for the link, I've already read it and am prepared to do it if they enter a defence of claim too vague, but I just thought seeing as they hadn't acknowledged it, I mightn't have to go through all that. If I've still not heard anything by monday, can I ask for judgement on tuesday? Is it better to wait till then anyway, just in case, I mean, I won't have lost anything by waiting, and asking and, clutching? Or will I? Your help is appreciated.

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I see. So it won't hurt to wait till Tuesday. Looking over what we've received from the bank they are aware of the claim because they say they are aware that I have lodged Particulars of Claim with my local court. Does this count as acknowledgement?

 

I just wish I'd seen the online version of particulars of claim. To be quite honest I'm not sure what I wrote in the end. A very shortened version of the N1 form(it took ages to get it to fit!) - it may have had the account number on it. Didn't know how to save it either so I can't refer back to it. I'm not computer literate enough to have attempted doing this online and aint hindsight a marvellous thing?

And I'm not looking forward to amending my claim. Thanks for your help. I wish you had a magic wand.

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Oh my god! How stupid am I? I can sit there staring at a screen and not see what's right in front of me. I've logged in to moneyclaim several times and not seen that option to view your POC. How stupid I felt before is nothing to how stupid I feel now.

And no, I didn't put the account number. Ah well at least now I know for sure. Doh! Guess I need to bite the bullet and start it all over again. Oh god I could cry.

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If you phone MCOL and inform them off the mistake then resubmit your claim they do refund your previous fee. This is not 100% but as a rule they will refund your fee via a cheque. You need to write to them and inform them that you made a mistake, quote the old and new claim numbers. There is no need to start from the begining, just resubmit the claimthrough MCOL.

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If you phone MCOL and inform them off the mistake then resubmit your claim they do refund your previous fee. This is not 100% but as a rule they will refund your fee via a cheque. You need to write to them and inform them that you made a mistake, quote the old and new claim numbers. There is no need to start from the begining, just resubmit the claimthrough MCOL

As far as I'm aware, MCOL will only do this if you contact them before they issue the claim. Once issued, they will not refund the fee. So your only option now is to amend the claim
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  • 2 weeks later...

Hi there, I was just wondering what the warrant is? I've tracked my claim online and the judgement was issued on 23rd May. Is it worth continuing with the warrant given, as you'v already said that the YB will merely ask for the judgement to be set aside? (I've redone the Particulars of Claim and an Application notice in readiness for when this happens) but I thought as they hadn't acknowledged I had nothing to lose in the meantime.

 

I suppose what I'm asking is, do I have to continue with the warrant in order to get YB to ask for the judgement to be set aside? I feel a bit in limbo. And I don't know how to fill in the MCOL section on warrants - it isn't clear - and I've also proved myself to be not the sharpest tool in the box. Please help. Many thanks. Grace.

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:? I just received response from YB saying they've had the judgement set aside and have entered a defence and that as I failed to provide details of the charges they have enclosed a Part 18 Request for that information by 13th June. (I did the claim online and didn't send the schedule to the bank or the court, and didn't put the account number or sort code in the POC. I also abbreviated the N1 POC and may have unwittingly missed something out )

 

Being as my case seems quite similar to lancashirelass's case would it be best at this stage to forward copies of the schedule to the bank's solicitor's and one to the court, or should I formally ask to amend my claim? Or is it too late to do so?

 

The bank previously received 3 copies of the schedule, complete with letters which referenced the account number and sort code, though one copy went to the branch and was never acknowledged.

 

Also what do I do about fact that they want to be known as Clydesdale bank, how does this affect the claim and what do I do about it?

 

Is there anywhere I can look to see the "standard" defence and check that it is what they've sent to me?

 

Can anyone help because I feel so overwhelmed and pathetic I feel like giving up.

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Just wondering if there's something wrong with my post cos noone's replied. Looking through previous posts I can't find the answers to my questions. Can anyone direct me?

I need to know if it's too late to amend my claim once the bank have entered a defense.

Whether I've got to start sending things to the Glasgow address.And where can l look at a "standard defence' as far as YB are concerned. Please help. I've felt sick all day, faced with all the legal jargon they've thrown at me.

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rootytoot if you try sticking to the original thread that you started then people can follow your claim and offer you the right advice. I'm just going to read through your other thread :)

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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think I've done it wrong, what to do?

 

rootytoot I have included a link to your original thread. Can you copy and paste your first post here to your other thread so that someone might be able to advise you what to do.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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Sorry about that, I did stick to original thread but received no answer to my question concerning warrants so I thought maybe I should start a new thread. I know I'm really dense, and I hate to admit it, but what do you mean copy and paste my first post - do you mean all of it? And paste it into a reply?

Thanks for your time Sarah.

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I've had a read of your other thread. Just 1 question regarding you not adding your account number etc, did you get the details put onto your claim via the court?.

 

Also what do I do about fact that they want to be known as Clydesdale bank, how does this affect the claim and what do I do about it? - I think that is pretty standard as it was on my copy of their defence.

 

Not sure what other advice I can give at the moment.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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No, I didn't get the details put onto my claim - I thought the only way of doing that was by amending the claim, but I thought that because they hadn't acknowledged, I might just slip through. But i was wrong, and they've made up the fact that they've acknowledged but reading through other people's threads I see that this is pretty standard practice for YB.

 

Just wonder if it's too late to amend the claim at this late stage? I wish I hadn't rushed in the first place. But hindsight's pretty useless stuff isn't it? Could I answer their request for information at the same time as amend the claim? Grace.

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I don't know much about amending claims etc so hopefully someone with more knowledge will be able to tell you what to do. Sorry that I couldn't help more.

 

Sarah.

  • Haha 1

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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