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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
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    • 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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New to this and really need help please


Lacey123
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Cancelling a claim

 

What if I notice after I have submitted my claim that I have made an error? Can I stop the claim?

If you realise that you have made an error you can, under certain circumstances, request that the claim be stopped, but you must be quick! Once you have submitted your claim, it will be processed at 10am and you therefore need to contact the MCOL team before 10am with a request that the claim be stopped. You can do this initially by telephone although you will need to confirm by email the same day. Your email should contain the claim number and the name and address to which we should return the court fee.

Where we receive notification too late, the claim will be issued and the fee cannot be refunded.

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lacey, take your time with it. If you read the user guide it explains that you can take up to 28 days to complete your claim. You can do one section and then save it and go back to it the next day and continue until you are sure its all right. Just shout if you need more help!

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Thanks freakyleaky. I filled in some of the claim last night and saved it and then went back this morning to amend the couple of details that I was talking about but for some reason, it did not re-save the amendments.

 

Its good to have support. Thanks again.

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only one name is ok as long as it's an either/or account - meaning not requiring both sigs to do anything. most aren't.

 

i'm going to send you my particulars of claim - just to use for an example - to make sure you get your claim done really spot on this time -

 

i'm glad you caught the other - it's much, much harder to rectify after the 24 hrs has passed. so, get it really right this time.

 

this may help you too:Getting MCOL Right

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only if the account needs duel authorisation on stuff. If either person can sign cheques independantly then either person cam make the claim.

 

 

By the way, I GOT A FULL OFFER TODAY!!!!! did I mention that earlier?:)

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Right then, I have just filed my claim again (its right this time), so fingers crossed, all will go well.

 

Please dont leave me though, I need all the help I can get and I need step by step instructions in this. What do I do next?

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ok, this is next:

 

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

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Ok, my claim has been accepted now so I am on my way.

 

By schedule of charges, I believe you mean the spreadsheet that I compiled on the Martin Lewis site with the list of charges and interest on? Sorry to be thick, but I just need to double check because I dont want to make a mistake.

 

I will now get those together (along with the cover letter) and send off to the court today.

 

Thanks again. :grin:

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Having just been looking back at the my claim on the Money Claim online site, I notice that under the claim section it says that my claim has been issued. The next column to that is entitled Judgement and it has the word start underlined in it. Have I got to do anything, or is that not for me? Thanks:confused:

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Hi, sorry to trouble you again but I am just wondering, when it takes 5 days for the claim to be serviced and then 14 from then to be acknowledged by the bank, does that mean WORKING DAYS ? I am a bit confused as I have never seen it said as working days, therefore I assume it doesnt mean that.:confused:

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Hiya Lacy all legal periods are calendar days count weekends and holidays.

 

You will have a deemed served date on your notice of issue, if you have that yet... DG have 28 days from that date to submit their defence to the court.

 

The 14 days that are mentioned are for acknowledgement they are going to defend and it doesnt have much baring on things.

 

pete

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Hi Pete, I am still confused a bit because I thought they had 28 days in total after the initial 5 days (be it working or whatever) it takes to serve the claim. I am not in any hurry, I am just wondering what the timescales are so that I know what is happening and when it should be happening? Thanks

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once more with feeling - lol

you file - it it served (either a served date or it is considered served 5 days after you filed)

 

they have 14 daysfrom the served date to acknowledge - they almost always do -

then they have 14 more days to file their defence - again they do - usually right on the 28th day.

 

so, in effect they have 33 days to file their defence - filed plus 5 to serve it, plus 14 plus another 14 when they acknowledge.

 

ok?

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