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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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Yode v Natwest


yode
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Hi yode

 

Welcome to the Nat West forum

 

Any suggestions welcome, should I wait? or go for it? I guess if I wait I will not get interest - I guess interest is just an added bonus?

 

 

Act on you rtimescales not theirs. If you gave them 2 weeks and the 2 weeks is up the start your claim. Put the interest in your claim. Just my opinion mind, it's your choice.

 

Steven

 

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I only looked into mcol as it can be done online but other people seem to think contacting the court is quickest.

 

That's the conclusion I've come to but there isn't a lot in it I don't think. The main advantage of going to your local court with a form N1 is that there is more room for your partticulars of claim and you don't get (so many) daft questions from Cobbetts. The reason why MCOL is a bit slower is that once Cobbetts say they are going to defend (which they almost always do) you have to wait while the case gets transferred to your local court.

 

Steven

 

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As far as I can tell the answer is yes to almost everyone providing they are not claiming interest

 

Steven

 

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Just write and ask them. We got ones for 2001 back in about 2 weeks (although I wrote to Cobbetts after 2 weeks to get them to hurry up - but we are at the AQ stage)

 

Steven

 

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did you ask your branch?

I didn't bother - I went straight to customer relations. They sent me a photocopy of the leaflet which had very tiny writing plus a screen dump which was much more legible. Top marks (in this case).

 

Steven

 

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  • 2 weeks later...

Usually the offer is effectively withdrawn. However, there seems to be some confuion between NatWest/Cobbetts - there are several cases where NatWest have made offers after the claim should only be being handled by Cobbetts. Why don't youjust phone them, tell them that youhave claimed via MCOL and if they would like to add the £150 fee ten you will settle.

 

Don't stop the claim though until you have the money in your hand.

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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