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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.

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      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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Leeds Mercantile Hearing, 29 August 2007


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Good luck to you both lozza and srfrench...

 

I think its going to be another big hearing again but hopefully most will pay up before (doubt it with A&L)...

 

Sounds like you've got your hands full srfrench with all your claims going through at the one time... bring on the money...

 

If we all end up attending then it will be nice to but a name to a face and compare stories...

 

Onwards and upwards...

 

Scoobz

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Lozza,

 

Reference your previous post, I would send the CMI sheet sooner rather than later. It will act as a reminder to the bank when they receive a copy from you and you just might get an offer of settlement that bit earlier (no promises).

 

You should send the CMI sheet showing both thre questions and answers. It is rather meaningless and 'reader unfriendly' to show the answers only without the question and there is a chance of not matching the answer up with the correct question number.

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Where do you file for additional costs? I need to file for wasted hours if A&L don't turn up to the courts, i'm having to take a annual leave from work for this. Did someone mention before about how you can charge £9.50 an hour for wasted hours?

 

Will be sending my cmi off by the end of next week.

 

Jenny, i can't believe A&L have not even contacted you with settlement yet, it's so annoying.

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Hi Donna, You can claim for 9.25 p hour litigate in person costs, i.e for you doing your own defending etc. Around 25-30hours is acceptable....OR...wasted costs for them wasting your day. From what i understand....feel free to correct me anyone if i am wrong.......you cant claim both, its 1 or the other???

 

A&L told me they dont turn up to these types of hearings...hopefully they'll turn up when its a full hearing?

 

Jenny xx

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  • 3 weeks later...

Hi peeps...

 

Has anyone spoken to Leeds Mercantile to see if any stays have been requested (especially A&L)? I was wondering what Judge Kaye's views were on the announcement by the OFT? I've not heard anything although there is a postal strike going on....

 

I'm going to take my CMI sheet in next week and I'm also filing an N244 to amend my claim amount (increasing it) so that should upset scraggey wraggey!

 

Keep smiling...

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Hiya Scoobz, I'm ringing next week as the judge sent A&L a letter asking why they didnt attend, I'll let you know what he says.

 

Jenny x

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Thanks Jenny

 

Can't believe you still haven't heard anything... A&L are really taking the MICKEY!

 

If I get chance I'm gonna phone court and see if I can find anything out about the next hearing...

 

Keep you posted...

 

Scoobz

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Hi Peeps...

 

Filed my CMI with court today and paid £50 to amend my claim amount (increased so I'll have great pleasure in sending a copy of my revised schedule to Scraggey Wraggey tomoz special delivery...

 

It's business as usual at the Mercantile Court so roll on 29th... only 20 days to go....

 

See you all there...

 

Keep positive :)

 

Scoobz

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I damn well hope so. Just put in my cpr18 order request, filled out and sent my cmi sheet in ages ago. Then yesterday received a letter from Abbey saying they will be applying for a stay etc etc if one hadn't already been placed?

 

Nothing official from the Merc and when phoned it was in the positive. ;)

 

19 days to go!!! :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Hiya, good luck for the 29th, A&L still havent replied to the judge so they've set another hearing for me either oct or dec...i suppose whenever the lovely judge has a slot. Is everyone prepared?

Jenny x

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To be honest Jen, I'm surprised you haven't applied for A&L's defence to be struck out or go for an abuse strike out as they are clearly abusing the Judges Orders by non-compliance!?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I was'nt sure what to do...i just keep my head down and hope they'll pay out but to be honest...its taking forever and this new kerfuffle's made me panic. How would i go about asking for a strike out?

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Hi Jenny

 

I'm all set thanks, counting the days down....

 

I can't believe that your case hasn't been finalised, like srfrench says there must be some kind of action you can take as they are clearly abusing the court system! I'm sure one of the mods must be able to point you in the right direction so you can get this sorted once and for all! You must have a strong case......

 

Scoobz

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Hi and thanks, i've just heard from the courts that it'll be another cmc...so i'm unsure what to do. I want to try and get their defense struck out, but it'll look good if they dont turn up to another cmc, then i could ask the judge whilst i am there? I think i'll try and look into the options...any input and ideas would be great !!

Xx

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I bet you are fed up Jenny it's really dragging on for you! :mad: Like you said it would probably be a good thing to hang on and wait to see if they turn up for the next cmc (bet they don't), and then you can really lay it on thick with the Judge and demand that their defence is struck out?

 

Try get your case flagged up to a Mod and see what they think.. what about trying a pm to Garyh?

 

I've got a feeling same thing will happen on 29th in that they don't show...

 

Keep me posted.....

 

Scoobz

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I've considered asking to be put on this one...to move things on a bit...they can only say no !!

I've posted the question in the general section...that seems the busiest but i've had no replies yet..fingers crossed LOL

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Good Idea Jenny about seeing if you can be at the hearing on 29th otherwise it will be Oct before the next one. I'm sure there must be plenty of places on 29th as there's hardly any people been on this thread, not like last one. It would be great if you did get a slot in 2 weeks, the more the merrier and it would hopefully get you sorted...

 

Keep your chin up!

 

Scoobz

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Thanks Scoobz,the contact i have at court is'nt dealing with my case so i'm gonna phone court tomorrow. It'll be good if i can get on this one...dont want to wait till oct or dec, not after this long.

 

X

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Let me know how you go on... really push it that you want to be there on 29th to sort the matter out and that you have already waited long enough.. they surely would have plenty of time to get you scheduled for cmc in 2 weeks...

 

Good Luck !!

 

Scoobz

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Unfortunatley I can't get on the 29th but i've got a date for the 4th Oct so not too far away. The list is full already for the 29th. Never mind...gives me longer to compose my strike out request. If i apply now I'll have to pay £65, if i request it on the day it'll be nothing.

 

Jenx

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Oh well at least you know where you stand Jenny but it's a shame not on 29th.... At least it's early October! Good news about not having to pay the £65 if you apply for strike out on the day!

 

I wonder why people aren't posting on here for the hearing on 29th as there were loads for the hearing you were at? Wonder if they are using MSE site or others?

 

I got a standard letter from A&L this morning basically telling me all about the OFT case and that if I choose to make a claim through County Court they intend to apply for a stay.... bit late sending it now when hearing is in 2 weeks... slack or what!!! Made me laugh anyway! I'll take it to my mums at the weekend and she can use it to light her coal fire!!! :)

 

Scoobz

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Hi, Yep Its a shame i cant get in but i'm still pleased,

I cant find anything on MSE but alot of people think they do this on their own now...when i was there there were a few who had'nt used any sites...needless to say they were ill prepared.

 

Jenny x

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I know what you mean about people doing it themselves and being ill prepared. When I went down to court there was a guy in front of me and he was trying to fill out his CMI sheet and he didn't have a clue! The guy on the desk was trying to help him but they aren't allowed to tell them what to put are they. It took him ages. I think its really risky as the defendant could have the case thrown out just because the claimant made a mistake. I wouldn't dream of making any kind of court claim unless I knew what I was doing. I'm really greatful for this site and MSE they are fantastic!!

 

It will be interesting to meet all the other claimants and hear their stories on the 29th!

 

Scoobz

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