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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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How the Hull was done !!!!!!!!!!!!!!!!!!!!!!!!!


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I see from the Comsumer Action Group the Group assited in challenging the Hull Stikeout Orders. I very interested in how this is done as I was informed by a High Court Judge in Exeter that he would not allow my application for Stike Out or allow the case to go forward as his decision was based on that of HHJ Iain Hughs QC – Heynes v HSBC & Alliance & Leicester 7QT04849. I have a claim of around £5000 which would most useful to have return. LloydsTSB has recently closed my account and is starting court action to recover the overdraft charges they have taking from my account.

I would be most gratful for any help anyone can give me in this matter.

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Your post is not very clear at all, but if I understand you right, your claim is being stayed? If it is, I am afraid there is nothing much you can do about it at the moment.

 

The Hull challenge was a different story altogether, and came about as a judge was about to summarily dismiss a whole pile of claims at once on the ground they had "no reasonable chance of success" following the Berwick v LTSB case, where the judge ruled against Berwick. The claimants, with the assistance of CAG, challenged the order from the Hull judge and won the right to proceed with their cases. All this happened before the OFT v Banks case started and subsequent quasi-blanket stay on all ongoing cases by county court judges.

 

Please explain if I misunderstood your post. :-)

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The claimants, with the assistance of CAG, challenged the order from the Hull judge and won the right to proceed with their cases.

 

I think that's a tad misleading. To be fair, Martin Lewis picked up most of the bill.

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I see from the Comsumer Action Group the Group assited in challenging the Hull Stikeout Orders. I very interested in how this is done as I was informed by a High Court Judge in Exeter that he would not allow my application for Stike Out or allow the case to go forward as his decision was based on that of HHJ Iain Hughs QC – Heynes v HSBC & Alliance & Leicester 7QT04849. I have a claim of around £5000 which would most useful to have return. Lloyds TSB has recently closed my account and is starting court action to recover the overdraft charges they have taking from my account.

 

I would be most gratful for any help anyone can give me in this matter.

I think that we would be very interested to learn more about this claim that lloyds are starting against you.

Please would you start a thread about it in the Lloyds forum. Also, maybe you could let me have some contact details via one of the mods as we may be able to give you some assistance.

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