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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
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    • 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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HFC / Restons / IoD Credit Card


DarrellD
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Hi

 

I have an ongoing court action pending following default on an Institute of Directors Gold Visa Card.

 

I was a director of a company that went into administrator in February 2009 and was of the understanding that this card was a business liability.

 

I've now engaged professional representation. No credit agreement has been presented etc - as with several other posts, there is a back page with Beneficials 'Your prority application' signed at the bottom by me in 2002.

 

Question - has anyone already defended this exact example - IoD HFC card / Restons solicitors. It would seem that this has been tested as in the middle of last year the IoD website started warning that this card should not be used for business purposes and has since withdrawn the card altogether.

 

The card was presented and accepted as a Business Credit Card. Dormant for 3 years. Restons have not formed any sort of evidence or case, but that doesnt seem to worry the Couty Court Judge much.

 

Many Thanks

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  • 3 months later...

Hello again.

 

No, not only did they not supply Terms and conditions, the first hearing was adjourned to give them 2 weeks to fabricate (reconstitute) some as their council pleaded that it was not posible for them to do so (supply originals or similar). After they did not comply with the order to invent some, I applied for the case to be thrown out - which the judge refused to do on the grounds that doing do would be unfair to HFC Bank and gave them some more time to invent some. Two unrelated and inconsistent versions of credit agreements were submitted and the judge felt that this was sufficient to demonstrate that they had made some effort to reconstitute some and this was as good as having some, in his opinion and thats all that matters.

 

Complete farce, and it gets worse. They win without presenting a case, I pay in full on the day of receiving the actual amount on the order and thery still managed to get the court to agree to issue an order so that the registry office issue a restriction on my property (which I have of course disputed)

 

Any action that I have taken has had no effect on the outcome which was predetermined and completly predictable.

 

As I say, I've lost interest in pursuing a just outcome and now find myself just one more pursecution from a violent rampage. Banks and now Judges.

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