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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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.
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      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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I'm a Newbie - Kirsty B vs Barclays


kirsty.hiya
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Thanks

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Sorry to keep bothering everyone but I am at work and its hard to read thru the threads to find information without my boss seeing!

 

With reference to the New Strategy for AQ's and the below points:

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

  • a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;Your schedule of charges that you have created (best to make one using the CAG spreadsheets if you can as they auto update for you)

  • b) Copies of any statement or other document relied upon as showing that each and every charge has been made; Copies of all the statement pages that show a charge, and highlighted or someway pointed out

  • c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; These are the bits from the AQ that will show that the charges are unlawful, this includes the relevant acts and legislation, and OFT reports etc.

  • d) Copies of decided cases and other legal materials to be relied upon. Basically this is the rest of the full AQ, including the case numbers of completed or decided cases from the CAG library

Exactly what documentation should I send to the court for points C and D?

 

Again.... Thank you all for your help! xx

 

As above, I'm sure someone will add to it if I missed stuff out.

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Thank you!! I'm slowly managing to piece it all together and its starting to make more sense now. Is there anywhere that I can get copies of the office of fair trading report april 2006 and house of commons early day motion may 2006 which I have seen referred to?

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Guys,

 

Was just reading that strike out thread for when you get sent your AQ and you request that the defendents defence is striken out because its a template etc etc. Can I submit something like this with my in depth POC's? Or should this be used only when filling out an AQ (which I have never been sent just to remind you) what do you think?

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Sorry to keep bothering everyone but I am at work and its hard to read thru the threads to find information without my boss seeing!

 

With reference to the New Strategy for AQ's and the below points:

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

  • a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

  • b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

  • c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

  • d) Copies of decided cases and other legal materials to be relied upon.

Exactly what documentation should I send to the court for points C and D?

 

Again.... Thank you all for your help! xx

 

 

a) Your schedule;

 

b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject Access Request);

 

c) A statement of evidence - see post #55 below.

 

d) All the statutues and case law on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. You'll find all of this in the Basic Court Bundle.

 

 

Hope that helps Kirsty

 

saint :)

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Thanks Saint. I cant unzip at work and my laptop at home is broken but I am managing to find bits here and there on this site so hopefully Im putting it all together right. I'm going to sort through everything tonight and then ask you guys if I'm doing/sending the right things tomorrow. If I get it wrong i will be so mad at myself!

 

Cheers!! xx

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Whoop Whoop!!

 

I'm sure whooping in public forums is frowned upon! lol

 

Have a good weekend everyone! I'm off home (and to annoy Paul quinn on the phone some more!)

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Hi Guys,

 

Hope everyone had a good weekend! Sorry I couldnt get on here any sooner, work has been manic this week. Hope you're all well.

 

I have finally completed my court bundle so can someone please have a quick flick thru what im sending and let me know that all is okay?! Better to be safe than sorry...

 

Firstly Im sending in the request to get the defence struck out and alongside this i have included all necessary attachments detailed on the relevant thread on this forum.

 

Secondly as per the judges request detailed on page 1 of this thread I have included a statement of evidence which I also sourced on this forum, copy letters which were sent to me from barclays offering me £1000 in full and final settlement and also copies of the automated letters they send out when I go overdrawn etc. I have enclosed the relevant copies of Barclays T&C's from the year which I opened my account. Copies of other relevant documents found on this forum ie a statement from BBC news, info re the early day motion, office of fair trading statement. I also included a detailed particulars of claim including my account number and sort code etc.

 

I also used the excel spreadsheet to do a new schedule of claim for my charges and a copy of that is enclosed along with my copy bank statements.

 

Do you think its good to go?

 

xx

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  • 2 weeks later...

Hi Guys,

 

Just thought I would touch base with everyone as I dont get on here very often.

 

Court bundle has now been sent.

 

Guess its just a waiting game now, until I hear back from them.

 

Hope you are all well. Will be in touch when I have some news.

 

Thanks everyone!

 

K xx

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