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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.

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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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Allocation Questionnaire/ Mediation Service.


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I need advice, I have this morning received the AQ with another form offering a Mediation Service before it goes to court the idea is that it is a less formal meeting between you and the bank namely A & L.

 

Would this allow delaying tactics to go this route, as I have tried to mediate with them all the way along surely?

 

They have made two minimal offers, the second using the 12 Pounds arguement, + the cost of lodging the claim with the court. My claim is for 1.500 + interest they have offered just over 700.00 with my court fees included, naturally I declined.

 

Now I need to know the best course of action do I mediate or do I just go for a court date?

 

Help :shock:

 

Regards,

 

Subtle

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After having written this post - I came across a thread that answered my question, infact I think I already knew the answer, but just wanted someone to confirm what I was thinking.

 

Going the mediation route would only prolong the process and allow the A & L to negotiate a lower amount. My stance on that has been firm throughout all or nothing. I shall therefore be filling out the AQ tonight and sending it off to the court tomorrow with the fee.

 

I have also written a nudge letter to the A/L informing them that I had received a copy of thier defence along with the Mediation Form and the AQ from the court today, and after considering mediation have decided to for go it and have my day in court, and that I would be in touch when I had dates and times for same.

 

I have also given them the opportunity to settle by advising them that I would be prepared to settle for full payment of the charges levied against my account and court costs minus interest.

 

I await to hear with baited breath.

 

Regards,

 

Subtle :D

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what does this mean??

 

this is a prime example of reading round ion the site and having to make up your own mind - see the thread i found - it all depends on the bank and sol involved - personally i think if you can show you have made every effort to negotaite in writing you should be ok - see my post 62 - changed three time now:o

 

jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi, thanks for that link I read it with interest.

 

I feel mediated out already :rolleyes: I have agreed to drop the interest if they settle out of court and that amounts to around £400.00 so I think I am being pretty fair on the whole and hopefully, the court will see through all the correspondence that have passed between myself and the A & L over the past couple of months that I am trying to be fair and reasonable.

 

MMMM do you think I should recoup the costs for all those computer generaated letters and man hours I have spent at the PC, not forgetting the envelopes and stamps, a possible charge of £34.00 per item seems good to me lol. Then again best not push it :)

 

Regards,

 

Subtle.

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Hi Gizmo,

 

No I havent agreed to Mediation, its just a free Service. called the Small Claims Mediation Service. Its to try and get both parties to settle disputes either over the telephone or on a face to face basis. The mediation is less formal than a hearing before a judge, and is totally confidential.

 

I have decided not to go that route but instead will submit my AQ. I have requested that the A & L consider an early settlement of the charges and court fee's and if they are prepared to do this I am prepared to waive the interest that has accumulated.

 

I now either await thier acceptance of my proposal or for a court date.

 

I hope this makes sense,

 

Regards,

 

Subtle. :)

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