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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
      • 161 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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Mrs Goggings V Natwest


Mrs Goggins
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Hi, I have same as 'reclaimone' defence paragraph 1., but have never had offer of settlement. Got court date 28th June Leeds. Cobbetts sent letter 20 June requesting information by 4 July. The court date is before this, so i'm not sure what to do.

 

Also, Cobetts request for info paragraph 3.1 states "please specify all the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of the Unfair Contract Terms Act 1977 (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable.

 

What the hell is all that!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Mrs Goggins

 

You should ignore all that stuff from Cobbetts - it's their usual nonsense. You say you have a court date for 28t June - what is that - can you post the wording of what you were sent by the court.

 

Also, what documents have you sent to the court in advance of the hearing.

 

This is quite urgent

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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I understand you are at the Leeds Mercantile Court hearing on 28th June. Could you do what steven is asking. Then we can help you. Cobbetts could apply to strike out your claim if it has not been properly presented.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Steven4064

 

Letter from court says 'Your claim is being transferred to Mercantile Court. A case management conference will take place 28th June at Leeds District Registry Court'.

Documents sent to court are list of charges, claim form, CMI form partly completed because couldn't understand questions, with covering letter saying if there is any other info required to let me know. Haven't heard anything from court yet. Do you think this will be ok?

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Brilliant. Your claim will be listed with many more to be heard on that day. They will either settle earlier or on the day of the hearing.Have a look at this. Good luck.http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/91947-leeds-mercantile-court-hearing.html

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hi Parkvale

 

I hope your right about Natwest settling! What is the possibility of them not settling on 28th June, and/or what if they only offer part of the claim - do I accept or hold out for full amount?

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