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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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Hi, I'm new to this site! Can anyone help?


scarpetta
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If I can, I will give you an update of how far I have gt with RBS.

They are in the process of defending the claim. I have received a letter from their solicitors (Cobbetts) today to say they are defending, due to lack of evidence (particulars of claim), which I did not know about until I have read the notes on this site. I am confused as too what to do now. From what I can understand, I need to get forms (N244 & N1) from the court & pay £35 (to submit) with the particulars of claim (this info I got from the moneysavingexpert site). Do I copy & send to RBS solicitors as well as submitting to court? I have got to respond no later than 23/8/2007 or they will strike it out of court. I hope this is ok.

Can anyone advise me on what to do?

Thanks in advance.

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Hi Scarpetta

 

You will need the new POC's here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/110283-new-poc-n1-rbs.html

 

It will cost £35 to amend your claim. The N244 form can be found here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

Fill in the n244 to amend your claim. The new N1 POC is linked here for you. Just amend it slightly to suit your needs, then re file. The court may "Stay" your case until after the OFT test case. At least the case will be in the system ready. I have left you some links below to help you.

 

Hope this helps

 

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi,

Can anyone help me. I am a little confused as to what to do here. I have had a letter (10 pages) from RBS solicitors (Cobbetts) dated 10th August 2007. It reads we are instructed on behalf of our clients. We enclose by way of service:

1) Defence

2) Request for more infomation.

We confirm that we have filed a copy of the same to the court.

I have until 23/8/07 to send all the information. Do I have to send them this or ignore it has it has come from them & not court?

 

Then yesterday I received a letter from Northampton court dated 16th August 2007. This reads:- Before District Judge Murdoch, sitting at Northampton County court, without hearing,

It is ordered that:-

1) following the filing of a defence or holding defence the claim shall be stayed pending judgement in the Office Fair Trading test case.

2) Liberty to apply with an explanation.

 

Note:- Any party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order. PLEASE HELP! What have i got to do, rather confused. Thanks in advance.

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