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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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Wednesday vs Mint


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From the date your claim was deemed served on them, they have 14 days (till 27th) to acknowledge your claim and 28 days (10th Sept) to submit their defence. :)

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In my my case they responded straight away by saying that they would defend the case which was a bit worrying. This I now believe is standard practice as it gives them more time to look at each case. About a week or so later I then got an offer of a full refund saying that it was not economically viable to do anything else.

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What POC did you end up using by the way?

 

In light of the automatic stays my strategy fell apart and the POC I have prepared is way too light for an N1. I would have liked to use the solicitor prepared POC for RBS but it targeted strictly to current accounts...

 

Thanks

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Hi I am also pursuing Mint for charges to my account. Last week 23/08/07 I was awarded judgement against them by default. They did the standard thing - acknowledged the claim and requested time to defend it.

 

However, as yet I have recieved no payment from them and am unsure how to proceed? Does anyone have any idea?

 

I should note that during the time of my letters to them and the court claim, I was served a default notice on my account and the account is now closed - so Im assuming they have to send me a cheque, if they just remove the amount awarded me from my credit card bill am I entitled to reject this, and ask for a cheque?

 

Any help appreciated. Thanks

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Hi

 

If you have had a judgement in your favour by default then I would have thought that the best thing would be to get on the phone to them (try their litigation department at 1 Princes Street, London on 0207 714 4449) as they have to pay you now and I am sure that they will not want a judgement registered against them. The person that I spoke to there was very helpful.

 

In my case, my account was already paid off in full and closed before I began my claim so they sent me a cheque as I did not owe them any money. If you still owe them anything then I would have thought that they would put towards what you owe and credit your account.

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