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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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advatage finance charge claim ****WON****


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Only 10 minutes ?

Is it a case management hearing ?

What does it say on order ?

Also have the other side filed a defence yet do you know ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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it just says take notice that the directions hearing will take place on ******* 10 minutes has been allowed for this hearing nothing about defence still,

The Second statement is false, The first statement is true

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Ah ok so 10 mins for a directions hearing is not too bad-of course assuming things are pretty cut and dried.

I dont appear to have got the earlier PM.can you resend ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Sorry just seen now.

Will look here later-just have to do something..Can you confirm date of hearing ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok got message-am not home until 6pm so will look then.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok so this is purely a directions hearing.

Its an opportunity to ask that the draft disclosure be ordered if you submitted it.

Also a chance to ask for the Court to order anything that you have requested (but not been given by the other side)

Get there early,and ask at reception if the other sides legal team have got there.

It may be worthwhile having a word before you go in-ask them if they will be submitting anything further tomorrow-and if so make sure you are given copies and have chance to understand them.

Dont give too much away.

It should be a straightforward hearing-but 10 minutes does not give long.

Ask questions if you are not sure and dont let the other side hog the 10 minutes.

As regards the things you told me by pm-remember that the Court can only rely on facts-so its no use introducing anything that cant be backed up-If it is the case-wait until you have got that proof.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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If you have further specific questions-hit the red triangle and just give a brief outline.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Sorry only just saw your reported post from early this morning.

I know you will already be away-please update when you can.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good.Keep them to it.Not really much to do until then.

Once that time comes things can move forward-one way or another.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...

well so much for sticking to what the judge said, i asked for a break down in charges they sent the company p&l for the whole collections department lol the only thing they got right was the credit agreement.

 

The letter i sent asked for copys of telephone convos, any manual intervention and a detailed breakdown in costs per letter oh and and anything else basically.

 

surely just they cant say there charges are fair because the the whole department is losing money. at the directions hearing the rep admitted the calls were recorded oh well another rod for their back

 

martin i have sent you an updated link as well as marroon

Edited by simpson_eh
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The Second statement is false, The first statement is true

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I don't think Martin is the only one that can help you here - it would certainly help if you could give a brief overview of what has happened to date and outline any issues causing you concern just now, so it's a bit clearly what you're asking :)

 

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hmmm where to start lol

 

asked advantage for my charges back, go tthe usual letter saying they were fair. sent letter before action to which i received no reply. started court proceeding for charges they asked for a 56 day stay went to a directions hearing a nd now we have to submit all details on which intend to defend by the 28th

 

this pretty much brings us upto date

 

what i need is clear details and what to do next and how its laid out

 

regards

 

Tony

The Second statement is false, The first statement is true

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I guess it depends on what they submit, then.

 

Are these standard charges? There's standard claim particulars or defences, etc, that fit the bill.

 

If they haven't complied with Court orders, you could ask for a strike out of statement of case, but it's more likely that they will be given more time and told they will be struck out if they don't comply again.

 

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