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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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GSD vs Lloyds ****WON****


GSD
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Hi All,

Got court date, it's soon. It got to Court without an AQ as it was ruled that one was not necessary so the Case Management Information Sheet (CPR59) is the first thing I have had to complete since going through MOL procedures.

 

HELP!!!!!

 

I might be being a bit slow but I cannot find any assistance as to how to complete this???

 

I have received an offer of full payment but responded to Solicitors by fax last week and stipulated that the money must be in my account by a deadline which is fast approching or I will continue to Court.

 

Is there somewhere or can someone tell me how one should complete the CPR59?

 

I am cutting things fine I know but have had other grief to deal with too which I won't bore anyone with on here as it's nothing to do with the subject matter.

 

Many thanks in advance.

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I actually faxed the signed acceptance along with a letter from myself stating deadline for payment late one night over the weekend.

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I would recomend that you send a letter of the covering letter that you sent to SC&M (preumably) to thecourt as soon as possible - pointing out that you have accepted their offer but that you are not prepared to drop your claim until full settlement is made.

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I am ok to do that even though they said that the letter was not to be discussed? Won't damage my case in any way by doing that?

 

You have a duty to inform the court - did you agree to any of SC&Ms conditions?

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I agreed to all of their conditions and asterisked next to my signature directing SCM to my other letter which stated that I had considered their offer and would accept offer as fulll and final once payment of the full amount had been made into our account no later than the deadline I stated (10am).

I stated that as long as this payment was made I would write to the Court, copy them the letter and I believed that based upon the time restrictions given to me to respond to the Court, I was being realistic in my proposal/acceptance.

I stated in fact "If payment not made into our account then we will be left with litte choice other than to proceed with submitting papers and case would continue"

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I think I more than made my acceptance conditions very plain and fair. They will in fact save money as if they settle now, they save on some interest charges.

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1. Above amounts would be xferred to our account

2.Payment would be full and final sett of claim

3 Terms strictly confid

4 Agree to maintain account withing agreed we are gonna close it as soon as sorted

5 Further fees can be avoided by BLAH BLAH

6 Make contact with branch manager to review account see 4 closing account

7 Must notify Court with copy to SCM

 

Please let us know if you are prepared to settle (I faxed acceptance and my letter at night before their deadline (only just)

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7 is "Must notify Court that case settled" and then copy SCM, so you mean twist ever so slightly what they inferred and notify Court that I have accepted with condition that they pay?

 

I think I am thinking along the same lines as you now??

 

How about the rest of the Case Management Sheet?

Is there somewhere that explains what the heck to reply to legal jargon questions asked upon it?

 

I have tried phoning the number that they gave within their conditions tonight and basically it's just the phonebank number. I enquired as to whether or not they could tell me if the money was set for transfer and they said they could not.

This is why my rush to find out how to fill out CPR 59 as I have had no confirmation that they are going to pay the money in and time is now extremely short for me to complete the Court paper.

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7 is "Must notify Court that case settled" and then copy SCM, so you mean twist ever so slightly what they inferred and notify Court that I have accepted with condition that they pay?

 

You are not twisting anything - write to the court staing that you have accepted their offer to settle in full and that once payment has been recived you will stop proceedings against them

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Does that remove the need for me to complete the Case Management Sheet then as I have accepted an offer?

I would presume that it does?

 

Forgive me asking potentially a daft question.

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Many thanks again to both of you for your assistance last night.

 

Update.

 

My deadline for payment into my account passed at 10am this morning.

Rang Solicitors (SCM) to enquire whether or not it was likely that their client would be making payment.

Reply was "well as in our letter it can take up to 5 days from your acceptance"

MY response was, "would you like me to fax you a copy of your own letter as nowhere in it does it state anything about 5 days"

Reply "well it should"

Response "well it doesn't and as it does not take 5 days to take money FROM me I fail to see why it takes 5 to pay it back"

 

Outcome of call was that it looks like the bank has yet more excuses even if you accept offer and add deadlines for refund. Looks like I am going all the way with this one and will spend the evening working out new totals for charges with interest up to the directions hearing date. I will unless advised otherwise by you clever people on here, include the full charges to the date of the directions hearing along with a copy of the "settlement offer" letter and my acceptance covering letter to the Court.

Hopefully, this makes the Court look even more favourably in my direction as I did at least try to end the case out of Court.

 

Any further advice gratefully received

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Could do with a bit more help if possible....

 

As NicSussex suggested last night, I would like to include the offer the Solicitors made in the info I send to the Court and also the letter I sent back accepting their offer on condition they paid by 10am today.

Do I just include a cover note from myself explaining to the Court why I have added it and explaining that the bank failed to make payment and that their Solicitor merely claimed that their letter stated 5 days required?

Should I mention my telephone call to the Solicitor?

Do I make some note on the Case Management Sheet?

Or do I just include it all?

Finally is now the right time to recalculate the interest and send copy of revised charges (does this need to be mentioned on the CMIS?) Or do I present all this at the directions hearing?

 

Thanks in advance

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As NicSussex suggested last night, I would like to include the offer the Solicitors made in the info I send to the Court and also the letter I sent back accepting their offer on condition they paid by 10am today.

 

 

Assume the settlement letter was marked 'Without Prejudice' so you can't include it but you can certainly include your response

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You are quite right Nic. Their letter was indeed marked without prejudice as was mine.

I should just add mine to the CMIS with a note stating offer had been made and accepted as per enclosed without actually enclosing a copy of theirs unless a Judge asks for it at a later date then?

 

Thank you again for your continued help:)

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Aaah ignore that....Just looked up legality of "Without Prejudice" and without their consent I cannot use anything such marked as evidence so can't include mine either.

I should just say in a letter that I accepted their offer with a condition and they failed to respond according to that condition I guess??

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