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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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court ordered claim cancelled


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Are we sure that the possible test case is going to be heard at a mercantile court?

 

I can't see any reason, why such a case would result in other cases being stayed or that the outcome of such a case would have any bearing on other claims.

 

Can someone correct me.

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As far as the banks go your right, unless they are certain of winning they won't allow a case to go ahead, if things are bad now to lose such a case would be unthinkable.

 

In the scheme of things the amount of claims going ahead are a drop in the ocean, there are how many million's of banks accounts? at the moment there are a few thousand cases, even if it's as much as 5'000, thats nothing compared to what losing a case like this could bring.

 

The banks are more worried about the cost of going to court, then not going to court.

 

I don;t know who is bringing the case, but i bet it's not being pushed forward by the banks.

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The daily mail has been running small acrticles for some weeks now, if anyone cares to look at them and the timelines they will see that it could be said they get most of what they print from this site.

 

To give you an example they printed an article about the banks abusing the legal system by getting people to submit allocation questionaires and then settling on the court steps, it was as if i was reading something written by BF himself, and funny enough this article was printed a few days after a post along the same line's by BF, so stop worrying about the daily mail they know what we know.

 

As for the stays and test case, if anyone is in any doubt, stop asking and just do some reseach, there are lots of cases about penalty charges/clause's and i'm not talking about the type of claims we are bringing. You'll find that the law is on our side.

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