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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
      • 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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allocation questionaire - no news yet


Frankey
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My allocation questionnaire went to the judge on 23rd May and still not heard - that is nearly 3 weeks now - have been waiting and waiting - what is going on? You know- you think you are getting nearer to getting your money and then you wait in the dark again...Fran (still waiting)

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Hi Fran, I think we are at about the same position in the process. Our deadline for AQ submission was 30th May although we sent this back early as we were on holiday 1/2 term. Chased the courts yesterday and were advised that the Abbey had also relplied and the judge will be reviewing our case at this weeks "allocation meeting".

Have you chased the court for an update? If you call them and quote your reference number they should be able to tell you what is happening.

I guess we should expect to prepare a court pack very soon. NJC

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Hi Fran,

 

when you do get the court date you can start negoiating. On another thread on Friday Shabbey settled. Inga from Abbeys complaints department settled for only £50 less than the £2950.

 

Its just a thought they will pay up in full in the end, but if you wanted to speed things up it can be a quick way to a result for only a little bit less.

 

Ingas e-mail is: Inga.Kirkman@Abbey.com

 

Otherwise if not keep at it and get that bundle ready!

 

Best of Luck

 

Leecabs:)

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Hi - yes have most of bundle ready - was really at it but then sort of slowed down once deadline failed to appear - thanks for email - I am going to wait for court date before I approach Inga as will go to court as needed. Will ring court again when I have a minute. Thanks for advice fran

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  • 3 weeks later...

Dear NJC you said you were at same stage as me - have court date now but not finsihed bundle - no specific bundle directions where are you up to anbd what is your plan with negotiating settlement Fran

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Hi Fran,

Had a court date set for tomorrow, 2nd July. Out of the blue last week, received a letter from shAbbey saying they would settle in full. Origianl claim, 8% interest and court costs. Got the money vredited on Friday. If you need tp see the details:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/92147-njc-abbey.html#post843409

NJC

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Dear NJC

 

that is fantastic news - thinking about emailing Inga myself just not sure what to write yet. My court date isn't til September - four months from when I submitted my allocation questionnaire - oh well lots of lovely interest! Fran

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