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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
      • 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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Shakespeare62 - v - a NastyBank


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3. Spreadsheet detailing the costs. This was printed out and attached to the Bill of Costs.

 

I was told by a DJ when I was in court on Wednesday that I could not claim LiP rate for time spent researching statutes etc. I have seen others advising via CAG that you should include them.

 

My DJ told me that I may be able to claim for receiving and writing letters, disbursements and, of course, Court fees.

 

I asked him if that was not being unfair as a solicitor or barrister are able to claim more than £9.25 / hour and they are able to do so because of all of the "research" (law degree etc) that they have done.

 

He said "no" and told me if a solicitor was asking him for £155 an hour, they wouldn't get it either!

 

To be honest, I don't know who is right and who is wrong on this "research" argument - just passing on my experience as you may come up against the same argument from either your Judge or the NastyBank!

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi shakespeare and foolishgirl.

 

I did not know about the case linked to before my hearing. It is possible that things may have turned out differently if I had.

 

However, there is not much to appeal as the costs I did manage to recover was by agreement between the bank and myself. The DJ did not rule, he just "rubber stamped" the agreement we had come to.

 

Anyway, thanks for the link. More ammo for the arsenal for future cases.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 1 month later...
Which is exactly why they will do all they can to make this agreement magically disappear.

 

Surely that would mean sacrificing the lady barrister's career. A high price for her to pay.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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It's quite apt that "For a few dollars more" is on Channel 5 right now.

 

It's seems Amex will tyr just about anything in their desperate bid to dupe the judiciary of this country!

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 2 months later...
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That reminds me of a line from a John Grisham novel I read once;

 

What do you call 100 lawyers at the bottom of the sea?

 

A good start!

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The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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