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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 
      • 81 replies
    • 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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SherborneVNatwest***WON** *


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Hi Everyone

 

Just a quick update, received the acknowledgement of service from the court today saying Cobbetts intend to defend, same old same old.

 

I know some people have sent in their spreadsheets to the court after getting this form just for the courts info, is that a good idea? I was thinking of doing it or I might just wait for the cpr 18 request and then send them to the court.

 

Hope everyone else is getting on fine

 

Mandy

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some do send it some dont - i havent, however, in the unlikely event it is going to actually get to court i would forward it. good luck x

NatWest (CLAIM 1) - £2181.24 SETTLED IN FULL

VIRGIN MBNA - £377 SETTLED IN FULL + INTEREST

NATWEST (CLAIM 2) - £1008.30 - SETTLED IN FULL

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Hi All

 

I have decided that I am going to just prempt Cobbetts and send them my schedule of charges before they bother asking for it. I will obviously include my account number/sort code again and see if this puts a stop to them including all this stuff in their defence.

 

Do you think I should copy it all to the court as well and ask them to include it in my papers?

 

Thoughts welcome

 

Mandy

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Hi Everyone

 

This is what I put in the letter to Cobbetts with my paperwork:

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

NatWest BANK – CLAIM NO. 6Q****83

 

Dear Sir/Madam

 

I write to you regarding the above case which you acknowledged on the 2 October 2006. I enclose for your information the schedule of claims, account number and sort code which relate to this case against Natwest Bank.

 

The bank already have two copies of this information which I provided them with during earlier correspondence. I forward these copies to you for your information. Please note that I have also forwarded copies to the court and asked them to include them in my case paperwork.

 

Yours Faithfully

 

 

I wonder if they will change their usual defence?

 

Mandy

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  • 2 weeks later...

Hi All

 

FAB news this morning, I got a letter from Cobs with a part offer for £1500. Obviously i'm not going to accept, well I am but then still go for the rest, but I'm really happy because we hadn't even got to the defence stage.

 

Cobs had until the 30th of this month to file a defence and since the acknowledgement I haven't heard a thing from them so am I right in thinking that this is strange that they have already given me a part offer with no mention of rubbish poc or AQ's?

 

Anyway I'm really chuffed so am off to fire off my "yes I'll have it thank you, but I'm still going for the rest" letter!!

 

Can one of the mods change the title to SherborneVNatwest PART OFFER!!

 

Cheers

 

Mandy

 

PS Hope everyone else got nice things in the post this morning!!!

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Hi

 

I've been thinking about this all today and can't understand why they have given me a part offer already? I from reading around here recently it has sounded as if Cobbetts have been looking for any excuse to drag things out and now they are giving me a part offer two weeks before they even have to post a defence?

 

Think I might just be being paranoid, has anybody else had this with their case?

 

Mandy

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Hi Everone

 

This is the letter i'm going to send to Cobs rejecting their offer, its pretty standard just fiddled with it a bit. I'm not sure about the transparency part, but I just couldn't believe they put that in their letter!

 

 

Dear Sirs

Thank you for your letter dated 18 October 2006.

I respectfully decline your offer of settlement and request, once again that you return to me all charges imposed on this account, interest and court fees totalling £3148 plus the daily rate of interest up to the date of Judgement.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

If though as you say your client is committed to ensuring transparency of information perhaps they will not mind disclosing the true costs to them in imposing penalty charges.

 

I trust this clarifies my position.

 

Yours faithfully

 

 

 

Im a little bit nervous about rejecting this kind of money but totally have faith that it will come good for me.

 

 

Love Mandy

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  • 2 weeks later...

Hi All

 

Well I sent my part offer rejection letter off and Cobs signed for it on Monday last. I haven't heard anything from them since and today is the last day on Moneyclaim for them to enter a defence, so if they don't I shall be asking for judgement against them at midnight tonight!! Well I don't remember Natwest giving me any extra time when I had a card misuse for £1.49 they were more than happy to swipe 30 odd quid from my BENEFIT money.

 

See you in court Cobbys

 

Mandy

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Hi All (Again)

 

And lo and behold they have entered their defence! I really am looking forward to seeing it because at every stage I have provided the right details and even when they acknowledged on MoneyClaim I forwarded them and the court statement of particulars with account number and sort code and asked them not to waste my time saying they had no knowledge of these. My poc is also immaculate as well, so I cant wait to see what they have come up with.

 

Anyhoo will update you all as soon as I receive a copy of the defence. They picked a bad day to mess with me, I'm already pi**ed off enough as it is.

 

Much love (Not to Cobbetts if your reading this)

 

Mandy

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Hi Everyone

 

Recieved my copy of the defence this morning. Usual stock defence, no idea what the charges are, poc etc etc, they haven't even bothered to sign it its just been printed off with the photocopied signature....

 

Will post later with more detail, surely there is something we can do about them wasting all this time and then just sending the usual defence that everyone else gets, I'm sure I have seen a thread about complaining to the law society? Think I might do that to be honest, I intentionally sent them the charge statement so they wouldn't be able to say I didn't provide it how can they get away with doing this?

 

Hope everyone else is having a better day.

 

Mandy

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Following on from my further post, i'm not really sure where to go from here on. They have asked for an acknowledgement of the defence so should I just send a letter noting that I have received the defence or should I include yet again the statement of particulars?

 

Anybody got any advice?

 

Thanks

 

Mandy

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Hi Again

 

Got my AQ today and Notice of Transfer to my local court. Quick question shall I put anything in the extra info bit on AQ form or just put it in with boxes ticked.

 

Also I'm not sure what to do about the defence I have received from Cobs, its about 5 pages long and its main points are POC not disclosing reasonable grounds, no admissions to what charges, plead and prove the clauses, identify the contractual prov regarding UCTA, plead and prove factors relating to SGSA section 15. They are basically saying they cannot defend themselves cause they don't know what I'm talking about!

 

So do I just send an acknowledgement of the defence and leave the rest up to it the court? Could really do with a quick answer.

 

Cheers

 

Mandy

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Got to the court too late today, so I'm going to go back tomorrow to hand in my AQ (thanks to Michael, for the ideas for what to right in more info section) I am also going to copy it and send to Cobs with ANOTHER copy of my particulars of claim, acc no etc.

 

Hopefully we are somewhere near the end!

 

Mandy

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I WON!!!!!!

Big fat cheque arrived this morning for full amount but without the AQ fee added on so will drop them a note to let them know its outstanding, but I'm so happy we reeeeallllyyyy needed this money. But more than anything I feel like for once I am not being walked all over by the banks.

 

So cheque is on its way to the bank and a donation will be winging its way to the fab folks here as soon as its cleared. Thanks for all your help guys and can someone change the name of my thread to say I WON!!!!!!

 

Love

 

Mandy :p

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Well done you!! Its always great to here the happy endings, hopefully my claim is nearing the end too seeing as though I received defence on 4th, but you can never tell with this lot what step they're gonna take next!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hey Mandy.....great stuff, amazing feeling isn't it opening that envelope & there it is.....mine arrived this morning aswell ! Enjoy !!!:grin:

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

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