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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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Reject Offer ****WON IN COURT****


walshj
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Good Morning

 

Anybody Help

 

Had An Offer From Bank Sent It Back On 15 May Not Heard Anything Since. My Court Date Is 21 June, Do You Think I Will Hear Anything Before, Im Panicing Now Because A Lot Of People Are Losing Thier Claims The Judges Are Just Throwing Them Out According To The Tv And Papers.

What Does Any Body Think

 

Julie

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Don't believe everything you read in the papers. Possibly 2 people have lost and those were oddball situations. 10s of THOUSANDS have won - some in court (see http://www.consumeractiongroup.co.uk/forum/campaign/96691-court-cases-struck-out.html)

 

If your court date is 21 June, my guess is you'll have an offer on 20th - Cobbetts strategy is to go right to the line and waste as much public money as possible. (It's got nothing to do with the fact that they are paid by the hour, of course)

 

Look at this too: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

We're right behind you.

 

Steven

 

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Have a read of the court cases won in the thread referrenced in my last post. You'll need your copy of everything you sent to the court (your court bundle, statement of evidence, etc) and it may be worth while taking an estimate of your costs - in the unlikely event that you get to go into court and the much more likely event that NatWest don't show up - you might be able toclaim wasted costs there and then. Have a look at Reka's thread in the court cases won thread referrencd above - particularly posts 61, 76 and 93

 

Steven

 

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  • 2 weeks later...

Good Morning Everybody

 

All The Advise Has Been Great, Its Now Come Upto D/day In Court Tomorrow And Im Getting Alittle Scared Now. I Have Got Together All The Copies That I Sent To Court, Is That All I Need To Take With Me

 

Julie

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Have you received a court bundle from Cobbetts? If not, that means they haven't sent one in because you have to have it before the court date with enough time to digest it (if it is the usual Cobbetts nonsense that could take weeks, if ever!!)

 

Have a read through http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html

 

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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Steven

 

I Have No Court Bundle From Cobbetts, So What Should I Do Now, Do I Need To Do Anything Else Before Tomorrow.

Julie

Julie

 

You sent in your court bundle because yuo receiveed an order from the court telling you to do so. Cobbetts received the same order which they have obviously not complied with (they never do) - even though they were ORDERED TO BY THE COURT - They will not show up!

 

THis from reka's thread

My opening will be to respectfully request that the defence be struck out pursuant to CPR 3.4 (2) © and (b) as no documents were supplied as stipulated in the court order and the fact they have also failed to atend. If thats granted the i will request wastage costs.
The relevant bit of the CPR is
3.4 (2) The court may strike out a statement of case if it appears to the court – (b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order

Estimate your costs - time(suggest at least 30 hours)@£xx/hour, travel to court, time off work, photocopying, postage, phone calls, £10 for S.A.R - (Subject Access Request) - put them in writing so that the court can have a copy. Take a draft wasted costs order http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html (although leave out point 4).

 

Steven

 

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Sorry Julie

 

What I am saying is that Cobbetts obviously have not complied with the order from the court to supply a court bundle (if they had complied, then you would have a copy - but you haven't).

 

There is no way they are going to turn up in court when they have not complied with the court's order - that would be stupid!

 

So, if you do get to go into court you should have a brief statement to read out based on what reka did -

"I respectfully request that the defence be struck out pursuant to CPR 3.4 (2) © and (b) as no documents have been supplied as stipulated in the court order and the fact that NatWest and their solicitors have failed to attend."
If the court grants that request then say
"Further I would repectfully ask the court to grant wasted costs on the grounds that the Defendant has acted unreasonably in defending the claim without any intention of allowing the matter to proceed to trial."
You could then produce a list of over 80 other cases where Nat West have done exactly the same (see http://www.consumeractiongroup.co.uk/forum/general/64871-spreadsheet-claims.html?highlight=settled)

 

Make sure you have everything you sent to court. Make sure you have a copy of NatWest's T&Cs with you too, if they are not in your court bundle.

 

Have a read through reka's thread. If you are still worried/puzzled PM me.

 

Steven

 

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(not That I Am Going To Win)
Oh yes you are!!!!

NatWest's T&Cs for 2002 and 2006 available here (I'm sorry there are no others, but that's all that have been posted on CAG that I can find) I don't know when your account was opened - if it was pre say 2003, take the 2002 ones, otherwise take the 2006 or take both - just don't take none.

 

But above everything - Don't Panic!

 

Steven

 

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Julie

 

All the best for court tomorrow. Don't panic, all will be well

 

Steven

 

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Julie,

 

Steven's advice is spot on - he's covered everything you need to take / prepare for. You WILL get your money - they won't bother turning up.

 

Good luck and stay calm.

Holsterx

  • Haha 1

NatWest - *WON £3738* 11 JULY 2007 :p

A&L - S.A.R - (Subject Access Request) MADE 9 JULY

CAPITAL ONE - LITIGATION PENDING

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hi julie

 

fingers crossed and good luck ,

 

PLEASE MAKE SURE YOU RUN HOME FROM COURT AS FAST AS YOUR FEET WILL CARRY YOU SO THAT YOU CAN UPDATE US WITH THE OUTCOME !!!

 

i am still a novice on here but have read so many similar threads , i will be as nervous as you when its my day but from the other threads i have read and the fact that you have received no bundle from cobblers indicates they are unlikely to show up. It will be you showing them up !!

 

im excited for you

 

stl

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... and I'm sitting here hitting the 'reload' button every few minutes!

 

Steven

 

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

 

 

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Hey

 

Where is walshj? Waiting to hear his good news!

_______________________________________________

 

NatWest Claim - £6728

 

07/05/07 - 6 Years Statements recieved

09/05/07 - PreLim Letter Sent

24/05/07 - LBA Sent

25/05/07 - 1st Response from Natwest recieved

14/06/07 - N1 Filed @ County Court

15/06/07 - Claim Issued by County Court

28/06/07 - Acknowledgement of Service from Cobbetts

13/07/07 - AQ Received

 

30/07/07 - AQ Filed @ County Court

 

Barclays Claim - £ ???

 

14/06/07 - Request for statements

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Hey

 

Where is walshj? Waiting to hear his good news!

her good news

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

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

 

 

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her good news

 

Steven

 

If this post is helpful, please click the scales

 

Any opinions are without prejudice & without liability.

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

 

He he!

 

I meant hers too!

 

:)

_______________________________________________

 

NatWest Claim - £6728

 

07/05/07 - 6 Years Statements recieved

09/05/07 - PreLim Letter Sent

24/05/07 - LBA Sent

25/05/07 - 1st Response from Natwest recieved

14/06/07 - N1 Filed @ County Court

15/06/07 - Claim Issued by County Court

28/06/07 - Acknowledgement of Service from Cobbetts

13/07/07 - AQ Received

 

30/07/07 - AQ Filed @ County Court

 

Barclays Claim - £ ???

 

14/06/07 - Request for statements

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Morning Guys

Sorry Its Taken So Long To Reply, But Realy Not Sure What Went On Yesterday, Judge Talking Law Jargan So I Didnt Realy Understand Everything. Nobody Turned Up At Court Yesterday Only Me, Judge Struck It Out Ordered Natwest To Pay Me £1173, But Not Sure If That Is Coming To Me Or Against My Account Because I Still Have The Overdraft With Them.

 

Julie

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Nobody Turned Up At Court Yesterday Only Me
holster73, seen the light and steven4064 in chorus - "Told you so!"

 

I think NatWest do have the right to offset your overdraft but at least it means you overdraft is £1173 less!

 

More to the point:

 

WELL DONE!

 

you took a major financial institution to court and

 

WON!

Julie, you have cause to be very proud of yourself.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

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

 

 

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Can I Do It All Again Because I Am Still Getting Charged

Yep

 

Start from prelim letter but point out that you have already whopped them in court once so why don't they just roll over and pay up straight away (you might want to word it more 'professionally' than that though)

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

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

 

 

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