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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

illegal repossesion by logbook laons and anglia

ims

By ims
in Log Book Loans / Bills of Sale

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ims

ims

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can anybody explain the cpr rule 25? from what i gather its saying i have to provide the defendant with all my evidence, now does it also mean i have to explain to the defendant how im going to use that said evidence?

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wannabedebtfreesoon

wannabedebtfreesoon

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can anybody explain the cpr rule 25? from what i gather its saying i have to provide the defendant with all my evidence, now does it also mean i have to explain to the defendant how im going to use that said evidence?

I think in your case it would be cpr 25A that would apply. Where has this come from? Has someone asked you for evidence relating to cpr 25??

 

Here's a link to 25A, it appears more appropriate to your case :)

PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS - Ministry of Justice

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wannabedebtfreesoon

wannabedebtfreesoon

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I might be mistaken but I don't think you have to provide anything to the defendant, the evidence would be evidence in support of your injuction application to the court I would imagine?? It's possible you would've had to provide 2 copies of your application to the court so they can forward one to them.

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ims

ims

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I delivered that by hand, as asked for by the court, but then LBL sent me a letter requesting evidence under CPR section 25?!

 

Im guessing they are just trying it on, see what i have on them.

thanks wannabe, hows it going with your case?

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ims

ims

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Hey cctv, where have you gone to?????

 

I need your details for the court case mate if you still want to do what we said, can you pm them to me, as i have to file the paperwork on the 14th, and im due in court again later this month for the injunction hearing.

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trooper68

trooper68

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If you are taking LBL to Court you MUST submit a copy of your evidence to the court and the other side, for the other side to make a counter argument (statment) REG IT, if you do not they can say they did not recieve it and plead embarrassed defence. REG IT and get the date and the person who signed it from the post office...

 

 

Now they will try every trick in the book, stick to the rules- they will turn up with paperwork you will have not, say somthing to the jugde and plead embarressed...

 

trooper68

Trooper68:)

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ims

ims

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Hi trooper, I have submitted to the court the injunction papers, with a statement/affidavit, the court did not request evidence, but in my statment i did make reference to evidence, the court granted the injunction with a return date to provide information on the case to uphold the injunction and consequent return of vehicle.

 

I cannot sue LBL until 14th july, as this is when the LBA ceases. What im cautious of is given LBL past, if i produce certain peices of evidence, these could be easily changed by LBL making my second law suit weaker.

 

As all the paperwork produced to court was given to LBL by hand, do i also have to provide them with the evidence, and do i have to explain how im going to use the evidence i provide, as most of it is reliant on paperwork they provided to trading standards.

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trooper68

trooper68

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Hi trooper, I have submitted to the court the injunction papers, with a statement/affidavit, the court did not request evidence, but in my statment i did make reference to evidence, the court granted the injunction with a return date to provide information on the case to uphold the injunction and consequent return of vehicle.

 

I cannot sue LBL until 14th july, as this is when the LBA ceases. What im cautious of is given LBL past, if i produce certain peices of evidence, these could be easily changed by LBL making my second law suit weaker.

 

As all the paperwork produced to court was given to LBL by hand, do i also have to provide them with the evidence, and do i have to explain how im going to use the evidence i provide, as most of it is reliant on paperwork they provided to trading standards.

 

 

If LBL change any documents or submit any in exchange to what you have they will be in trouble, they HAVE to supply you wih anything they have, they cannot turn up and hand you documents-CPR rules-they have to submit them to you and to the court at lease two weeks before (judge needs them to do boxing up)

 

If it was me, I would copy any documents twice, one lot to LBL and one to the court and REG POST. Regardless if you handed them to them(LBL), thay way the cannot say they did not recieve them.

 

LBL will say " no not got anything", judge will throw it out...

 

REG your statement and eveidence to LBL and to the court buddy.

 

You don't want to screw it up cos you did not follow procedures (CPR)

If they do pull a fast one, the Judge has a copy/so do they-the Judge will go potty...

 

Get the stuff in..

 

trooper68

Trooper68:)

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ims

ims

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thanks trooper, i have done that, the judge and LBL have copies of everything im going to use, i have footnoted the judges copy to make sense of how im going use the evidence i provided.

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trooper68

trooper68

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To tell you the truth, i think its illegal, selling the cars on... I'm sure they have to have a some kind of lieceance...i'll look in to it...Oh by the way, pkeep a copy of the emay posts, print them off, it might come in usefull.

 

Trooper68

Trooper68:)

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ims

ims

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To tell you the truth, i think its illegal, selling the cars on... I'm sure they have to have a some kind of lieceance...i'll look in to it...Oh by the way, pkeep a copy of the emay posts, print them off, it might come in usefull.

 

Trooper68

 

What you mean? do you think the posts added on this thread would help in court?

 

In court this week, oh im so looking forward to it

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trooper68

trooper68

Posted
Posted
What you mean? do you think the posts added on this thread would help in court?

 

In court this week, oh im so looking forward to it

 

 

No the ebay posts, clearly showing the picture selling cars from the forcourt of the premises-and they are AGENTS, you can clearly see the tow truck in them and i think i know where they are.

 

trooper68

Trooper68:)

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