Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
        • Like

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


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6160 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Is there a password you have to know in order for people to help? If so, how can I get hold of it? Also how do you contact a moderator? I tried the private messaging and either I did it wrong (quite likely- there's a definite theme emerging!) or I'm being ignored. I really don't want to go down that road.

Can anyone help me on whether to amend my claim or just provide the information to the bank? and should I send it to the Scottish address? Please, please, PLEASE!!!

Link to post
Share on other sites

Hi rootytoot, I am in exactly the same postion apart from the fact that I did have the acoount number on my claim but I didn't send schedule with my claim. I too issued judgement that the bank have now had set aside as they say they have proof that they acknowledged (how I don't know as the court have no record). I have sent all the info to the court and YB as requested and the court have accpted this. I have also e-mailed MCOL regarding YB setting aside the judgement as they appear to to do this often and am waiting their reply. On a positive note YB put in a defence on my claim 2 that MCOL have sruck out and entered judgement at my request as there was a fault and I couldn't do it on line. As we are at similar stages I will watch your claim and we could try to help each other along the way.

Link to post
Share on other sites

Thanks Katsbubb, good idea about helping each other only I don't know what help I would be - i.e. don't listen to me or you'll end up in the same sort of mess. However, I guess I couldn't get it too wrong in offering moral support! And it's nice to know we're not alone.

When you sent the info to YB did you send some kind of covering letter, and did you send it to the Glasgow address or the address in Leeds?

As for the court did you do some sort of covering letter for them too, and if so what did you say? Something along the lines of "please find attached schedule of charges which the bank have asked me for (even though they've got 3 other copies)"? With the claim number on it. Or was it more official than that?

(Well done you for following up about them not acknowledging - I assumed there was no point mentioning to anyone that they're lying as they seem to be able to say whatever they like - let me know what MCOL do.)

 

On my MCOL claim I also missed off the last bit that "if the charges are a fee for a service then they must be reasonable" and I wondered if that's why their defence seems to dwell on this or whether numbers 7 8 & 9 of their defence always includes this. Can you help on any of these? And thanks for taking the time to respond. Good luck with your claim!

Link to post
Share on other sites

Hi rootytoot, I'll copy you in on my letters and where I sent them to tonight just popping out.

I did send covering letters for both and I'll look at my defence too I'm sure it's just standard but I'll let you know

  • Haha 1
Link to post
Share on other sites

Thanks Katsbubb,

wouldn't you know, after having the judgement set aside, and sending a CPR part 18 request for more information they've settled in full. I guess it's their way of not admitting liability but making it all go away.

 

They must've been having a spring clear out.

 

Anyhow there we are, if any moderator happens across this thread it can be retitled *******WON********** (although there's a part of me that will miss the banter with the bank - and a part of me that wonders about the interest from the date of claim till now, but I guess I need to let it go) Thanks for the templates and the chance to read about other people's claims. Good luck everyone.

Link to post
Share on other sites

Threads merged and panic over it would seem. Sorry I missed this when you needed help.

 

Can you confirm that you received the full amount you were claiming including court costs and interest.

 

Congratulations by the way.:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

Link to post
Share on other sites

Hi Caro, not to worry all's well that ends well. Yes got the full amount plus court costs and interest up to date of claim which totals £1950.45

I'm thinking of helping my friend with her Abbey claim now as I've learned through experience what not to do!

Link to post
Share on other sites

  • 2 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...