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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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KeytarVsAbbey STAYED but KeytarVsLloyds HEARING. Same Court, Same Date, Same Text.


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Should I appeal the stay?

 

I submitted both claims on the same date this year at Croydon, and on the same day recieved letters ordering an indefinite stay in my claim against Abbey, and a hearing date for my claim against Lloyds.

 

I've heard it is £35 to apply for the stay to be lifted - should I try? The Lloyds claim is nearly identical (just different value and statements but same argument) and I have a hearing date to see if a stay should be ordered or if the case can proceed.

 

I thought the order was unfair because it makes it my responsibility to notify the court of the implications of the test case to get it going again:

 

QUOTED TEXT:

 

IT IS ORDERED THAT:

1 . The Claim be stayed until further order to await the decision in the test case, which shall be interpreted to include the outcome of any final appeal or the expiry of time for permission to appeal the first instance decision.

 

2. The Defendant shall within 28 days of the fianl decision in the test case file at Court and serve on the Claimant a case summary of not more than 500 words setting out the effect of the decision in the test case in relation to this particular claim and their proposed directions.

 

3. Upon filing of the documents set out in paragraph 2 above, the file be referred forthwith to a resident District Judge to consider directions.

 

so should I try to get the stay lifted - or could I try and get the order changed to a finite amount of time?

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