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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
      • 160 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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Halifax Credit Card Services and Small Claims Courts in England 'WON'


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  • 1 month later...

UPDATE

 

I spoke to MCOL and they said that my claim had been stayed.

 

But I just had my credit card statement today and they've credited me with £530 for overpaid fees (even though I reckoned they only owed me £460)! I am, as you can imagine, pretty happy with this. Do you think I can get my money back from the court now its not going through court?

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Hiya

 

I don't know quite what has gone on tbh. I spoke to the court the other day and they said it had been stayed. Then I got my credit card statement today with the £530 credit on it. Nothing in advance to say that I would be getting it, nothing from the court, no warning. I am a little confuddled.

 

:rolleyes:

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If you have paid the court fees, then you are entitled to have those returned and any interest since you filed.

 

If your claim was for £460, could the extra payment be the court fees?

 

You could contact mcol to see if this is how the payment was made up.

 

If not then you can send a letter, thanking for part payment but also to inform them you are continuing with your claim until all the money is returned.

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Yeah the original claim was for £460 - that was about £420 plus 8% interest. Then I paid £50 court fees to make the claim. So that makes it £510 and Halifax credited my account with £530.

 

What I am confused about is that I only spoke to the court on Monday or Tuesday (29th or 30th Oct) and they said that a stay had been put on it - I told her I hadn't had the paperwork to confirm that - so she was going to reissue the paperwork for me then, and my credit card statement is also dated 29th Oct also with the £530 credit on it.

 

:confused:

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Well you have won. It can take a few days for mcol to catch up.

 

Congratulations.gif

 

You will need to inform the courts that the case is now closed. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Here is a letter you can use to inform mcol. Just alter it to your needs. :D

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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