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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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HSBC and liquidated company, can I claim?


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Now that is interesting, DG Solicitors were the ones that filed the original hearing documents on behalf of HSBC Factoring. Give me something to go on. Thanks. Hope life is a treating you better

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Well I don't have a lot of time sadly to go digging into DG as I have my hands full right now with other things otherwise I would as it's my kinda thing to uncover them.

 

That said, one of the most poignant issues I believe is what I'd stated above " What are these so called solicitors legally allowed to do?

 

Whilst the debt may exist, the bank uses the laws of the land in Statute to enforce it and they have every right to do so I guess, but, and this is a big but for me and this 'Wonga' scenario and all the others that did the same (like DG if that's the case), is how on earth can these Claim forms be deemed legitimate when drawn up by a false claimant's solicitor?

 

They issue the claim, they present it to a court as 'solicitors for their client'

- that can't be right It's like having a Lloyds debt and being chased by Nat west.

 

Apart from the fact it is in my opinion fraudulent misrepresentation, out to con you into believing you are being dealt with by a legal firm on behalf of the bank and that's a total lie and deceptive.

 

I haven't got to the bottom of the answer yet as I haven't been able to follow the discussion, but I recollect someone saying that the FCA weren't doing much other than asking the banks and Utilities to stop the practice.

 

To me that's not good enough, if they've sent out letters misleading consumers that's one thing and maybe I could accept the 'don't do it again' remedy, but when this bogus firm has litigated - well that's another kettle of fish altogether.

 

I'm afraid I am going to have to ask you do do your own researching for now as I just haven't the time free to do this, but ask around the forum and do some digging if you can.

 

Hope that helps?

 

A1

 

p.s. Hope life is treating me better? - thanks, but who you been talking to? :madgrin:

Edited by andrew1
typo
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