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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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bacxkdoor Phoenix/Carter CCJ - LIttlewoods cat debt - set aside **WON+COSTS**


themagician
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You will need to get this set aside (ASAP).....I believe you can contact the court for details of the claim, you will have to pay but if successful (which it sounds like you would be) then you would get the court fee and your costs back. It sounds like a possible catalogue debt - you might be interested to read this - HETHERINGTON: Daughter in tears over debt threat | Mail Online - please do fight this....

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If it was me in your position then I would SAR the original creditor and send a CCA request to whoever owns the debt now, however it could be argued that they don't need to provide this as judgment has been made, but by sending a CCA request you have deominstrated that you have made more than a reasonable attempt to obtain the information...OR you could try this (possibly to the original creditor)- http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

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IMO you really need some more substance apart from setting aside because you didn't receive it....(unless of course you moved house and you can prove it) I have heard judges say that 'if they had a £1 for every person who said they never received the claim form etc etc'.....get a full SAR from the original creditor first, then you could possibly challenge on the agreement, default notices, penalty charges etc etc....

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You have to be seen to be making a reasonable effort to get the information (thanks for that DB).....I think as a rough defence to set aside.

 

Non delivery of the claim

 

The existence of a catalogue debt is denied.

 

The alleged creditor has failed to produce a copy of the agreement. And can not trace any account information.

 

No documents relating to the original claim are in existance.

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Magician...this might be one way of going forward.... - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html I don't want to complicate things too much, but have a read, you could also add in your CPR31.16, the notice of assignment and the default notice. I think this would need to go to Arrow possibly as they were the ones who got the CCJ...

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Jim welcome to CAG, please do start a new thread as your own situation is likely to get lost (and let us know what the particulars of the claim are first - but don't be too specific !!)...I think you should take a look at this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html#post1744862 and this thread too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html - just don't miss the deadlines !!

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