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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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    • 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.
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      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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Bass Player 88 vs Lloyds (REQUEST FOR FUTHER INFORMATION?)


bassplayer88
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Submitted claim to court on 15/6/2007

Bank Acknowledged 26/6/2007

Bank Submitted Defence 28/6/2007 - I must submit AQ by 17th July

Banks Solicitors have sent me letter stating:

 

REQUEST FOR FUTHER INFORMATION

 

We have been instructed to write to you as our client is, entirely on a without predudice basis and with no admission whatsover to liabilty, minded to enter into settlement negotiations with you but before doing so, we are told that ther appears to be a discrepency in what you are seeking by way of a refund of Bank Charges.

 

We note from your pleadings that you are claiming (alleging) that various deductions were made from your account over the past few years, but you do not specifically say when and how.

 

In light of this , can you please provide us with the following informationby return:-

 

1. Each and every individual amount of the charge that you are claiming and disputing;

 

2. The date of each and every charge that you say was deducted from your account.

 

3. How you calculate any interest.

 

4. How you calculate the sum of £1933.76

 

5. Confirm sort code and Bank account numbers.

 

we would be grateful if you would respond within 14 days of the above date so that we may then take our clients futher instructions. In any event kindly acknowledge safe receipt of this letter.

 

Is this normal?

What should I do?

 

Submit my AQ and Allocation fee as normal and also send the solicitors the requested info?

 

Surely if the solicitors are saying they will be settle ther is no need to pay the Allocation fee?

 

HELP!!!!

 

Thanks

 

BassPlayer88

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Hi bassplayer

 

This letter isn't unusual as i've seen it posted quite a few times.

 

The advise people are given is just send them what they want, even though they've probably had it already ( i presume you submitted a full particulars of claim with a schedule?)

 

Personally i would fill the AQ in but hold off submitting it until the last minute as you will probably get a settlement letter soon. Maybe give the solicitors a ring on the 16th to see how things stand.

 

I'm no expert, so if i've got anything wrong hopefully a more experienced member will correct me!

 

Good luck.

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