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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
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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.
      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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Judgement by Default now Application notice - Help what does it mean!?


rockinrodders
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hi rockin it looks like they have done the same as in mine and beccis cases... you need to have a look at my arguments (becci used them) and we both won...PM me your e mial and i will send em to you no probs. we havn't posted cos feel that they could be watching!!!

 

debbie xx

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My case from HSBC has been going on months and they failed to return their AQ by the original deadline in August, the court gave them an extra month, then an extra 2 weeks but they still didn't file it.

 

I was awarded Judgement by Default on 9th October as 'The Defendant has not replied to the claim form'

 

I hadnt heard anything since then so rang the court a couple of weeks ago and they said I should request a Warrant of execution. Which I did and paid my £55

 

Today I got a package from the court. the front page is a notice of application hearing by telephone on 14th February.

 

Then there is an Application notice N244 filled in by HSBC which basically seems to request a reinstatement of the defence and for the claim to then be stayed pending the outcome of the test case. He applies for "Release of sanction CPR3.3(5) and rule 3.9

 

Then there is a witness statement from Mr Shelley of DG solicitors saying they didnt receive the documents etc etc never knew about the case and saying if they did they ar econfident it would have been stayed.

 

His final paragraph says "I accordingly invite the court to set aside the strike out order and stay the present proceedings on the terms attached to this witness statement"

 

The page he refers to is an order that looks like a formal court order but he has dated it 17th October and it states:

 

It is ordered that:

1. The order dated 30 October striking out the defence be set aside

2. The present proceddings be stayed pending the final determination (including for the avoidance of doubt, any appeals) of the Commercial court proceedings between the OFT and the defendant comprised claim no 2007 folio 1186

3. Both parties be at liberty to apply

 

 

Now my questions on this are why is he asking for an order dated 30th October be set aside - There was no order on 30th October (His request was dated 2 weeks before this as well, is he psycic?)

 

Or is he doing the usual and cutting and pasting his stuff from a different case?

 

Please can somebody advise me if I need to do anything, or just wait till Feb for this hearing?

 

I would like to write to the court and show them proof that the defendants were fully aware of the case, the AQ deadlines, and all other deadlines as I was writing to them on a weekly basis to remind them. All letters were sent recorded so I kept proof of them being received. Can I present this to the court to show that his witness statement is based on a pack of lies?

 

I can scan the full documents tonight if anybody needs to see them to be able to help me. But not being a solicitor I havent got the foggiest idea what to do or indeed if I actually need to do anything

 

Any help much appreciated

 

this looks just like mine love... they are basically saying they didnt know anything about your case.. but as soon as judgement been serve all of a sudden it appears...(mmmm...) your tactic is much the same as you have said.. show all proof of posting letters and any court paperwork you have had cos they should have recieved the same stuff... i think they are using this excuse cos they know that its the only thing that could possibley work now as you have got judgement and the arguements they have used in mine and beccis claims have failed... when i get your e mail and sent the bundle over to you, you can see for yourself what has been said and see if mine is the same as yours... if it is then you can adapt the statement i have done to suit yours (i.e dates and timeframes...) i must stress that you need to read it and understand it as this will help in your hearing when the barrister starts babbling legal jargon... trust me they will to try and confuss you... its not that difficult but seems quite daunting at first... if there is anything you diont understand just post up and will do my best to help you love... i can direct you for any supporting documents you may need as well...

 

debbie xx

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hi rockin.. i have e mailed you with response... the london borough has gone from my sig but will get it for you...let me know if the e mail came thru o.k...

 

debbie xx

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hi just realised london brough on PDF file so cant save it to word will try and find a way round it love give me a minute!!!:)

 

debbie xx

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  • 3 weeks later...

hi rockers you have done all can... good luck and let us know wha happens!!! and make sue you have a copy of proof of posting so if you proceed to a hearing in court you will be able to add this to your bundle cos HSBC will try to make out you didnt send it!!!

 

debbie xx

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