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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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Frustrated with court


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I just came from what I thought was a hearing for my costs, to find out that wait for it... the case which the court informed me was struck out is not struck out, they made we waste £40 and take the day off.. the Claimant didn't even turn up... its like the judge (not the same one who struck out the case) was the claimants counsel.

 

He said the back office people made a mistake and the claimant had complied with an order to file and serve an amended claim form by a certain date and time... he produced a claim form and said the staff had got it wrong and they had received it in time.. I told him that I had never received the new claim form so they had not complied.. remember file and serve.. he ignored my comments and has made an order giving them 30 more days to send me the new claim form... this is a joke. I bet if it was the other way round I wouldn't be give all these chances. They have had over 6 months to amend the claim form.

 

I guess I will get my day in court... which is not a bad thing maybe.

 

Sorry for my rant but I am soooo pi**ed off.

These are my opinons and are only offered as such.

 

"Challenge everything, dont believe anything they tell you. The truth is out there!!"

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I bet you are ...... a similar thing happened to me only with an aplication for a stay the court gave either party 2 weeks to make any application otherwise it would be listed for a final hearing when the bank failed to make the application The court decided they had 'worded' the order incorrectly and resent the order giving the bank more time to make the application for a stay :(

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