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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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barclaycard default removal


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  • 2 weeks later...
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Guest willowb

Hello:) Phoned the Court up this morning, b'card had until 4pm yesteday to submitt their AQ. Spoke to the clerk who said the matter will be referred back to the Judge for a decision to strike out the defence (and counter claim for which I have asked details). I'm not getting my hopes up too high though, it seems to me that Defendants can be as late as they like and the Judge will ignore it.....we'll see.

 

Wxxx

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Hello:) Phoned the Court up this morning, b'card had until 4pm yesteday to submitt their AQ. Spoke to the clerk who said the matter will be referred back to the Judge for a decision to strike out the defence (and counter claim for which I have asked details). I'm not getting my hopes up too high though, it seems to me that Defendants can be as late as they like and the Judge will ignore it.....we'll see.

 

Wxxx

I had an aq 4 weeks late and that was after the defence was 1 week late. great court system.

 

Good luck.

If I have helped click my scales....

 

Find my threads by clicking here

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as much as it pains me to do this - there is no bias here towards either claimants or defendants in terms of leniancy from courts when a few days late in filing.

 

I benefitted from this when i was late with my vodafone AQ.

 

If you have a just reason for being a little late, a court will usually allow you some extra time, they do this for both sides.

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Guest willowb

Yes that was my understanding too......oh hang on a minute.....that's bacause YOU told me that before!!! lmao:D :p

 

Wxxx

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Guest willowb

:confused: d'you know what Bill.....you've got me on that one!!! lol well done!:p

 

Wxxx

nite nite.....I'm full of cold and very tired....early night for me!

sleep tight:)

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Guest willowb

One question, am I supposed to just sit and wait to hear from the Judge that he's struck out the claim or should I be calling up next week? Don't want to be pushy he may get fed up with me!

 

Wxxx

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Guest willowb

I know! I knew absolutely nothing about it until I re-read that letter from the Court a few days ago and I sent a letter to them requesting further information on it. I haven't heard anything back from the Court yet so I'm really hoping it's a clerical error!

 

I'll phone them again next week to check they have received my request.

 

Wxxx

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phew....

 

I wonder if it's a generic set of statements, e.g. "the defence and any counterclaim is struck out" ? not neccessarily saying there IS a conunterclaim, but if there was then that is struck out too if you see what i mean.

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Guest willowb

Hubby called them earlier (his account) and apparently there has been no counter claim issued so I think you were right dayglo, must have either been an error or generic. The Judge is there on weds for the day and the case will be passed to him for his decision on the strike out, as yet they have still not submitted their AQ.

 

Wxxx

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  • 1 month later...
Guest willowb

Hi everyone:)

 

Bloomin' eck this is a haul over the coals but my hubby rang the Court again the other day and they finally gave the go ahead to request Judgement, so notice of issue was sent off yesterday....can I take it that I have won? Haven't ever been at this stage before.....sounds good though hey?;)

 

Wxxx

P.s how ya doin' Yogi????:p

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Guest willowb

Yes, I think that's how it works. Though I'm not sure of how they can enforce it, with a monetary issue you can send in the bailiffs can't you? but what about a default removal???? I suppose if they refuse to comply that would have serious implications as far as their license to process data goes???? Oh I dunno really:confused:

 

Wxxx

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Guest willowb

Oh good point!!! thank you:) I'll see what happens.

 

After watching the Whistleblower last night I can understand now why they were too busy to send in the AQ:rolleyes:

Wxxx

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Guest willowb

Well, got a letter from the Court today telling OH that a hearing will be set for small claims and giving directions for this:eek: .

 

I phoned the Court immediately and asked what was going on. It took some time but the lady said that B'card had infact submitted their AQ but it hadn't been logged on the system. When I asked when they submitted it, she replied A MONTH LATE (8th March, it was due 7th Feb)!!! She then said that the Judge may have overlooked this point when he sent the letter out and she'll put it before him again for directions. I can't believe that any Court would let someone get away with being a month late submitting docs, it seems grossly unfair to me and irreverant behaviour towards the Court.

 

I'm still hoping that the Judge may reverse this but it seems that as far as timescales go, the banks can do pretty much what they please....I hope I'm wrong.

 

 

Wxxx

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Guest willowb

I got a 'Judgement for Claimant' (in default) claim from the Court today ordering the defendant to pay up £35 costs. I thought, whoo hoo but then there was no mention of the default:confused: . So, I phoned the Court and spoke to a very nice lady who has advised me to send in everything I have to the Judge including a letter appealing for the Judgement to stand as the Defendant has requested that they be allowed to re-issue their Defence....bloody nerve!!!!:mad: .....she sounded like she was saying 'come on....fight back!'.....so, I will:)

 

So, I feel that I am kinda 'ahead' but it could go either way.....

 

Looks like I'll be busy today!:rolleyes:

 

Wxxx

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