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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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Cash Genie court papers v Nuzzlebug1 **


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Hi,

 

I'm new to this and just found the thread so hoping for some help! Cash Genie have issued court papers against me. I originally took a load for £150 and now they are asking for more than £1200! I have entered an acknowledgement of service online and said I will admit part of the claim. I became pregnant not long after the loan and had a difficult pregnancy and birth so this was not at the top of my list! Since having my baby I am now on maternity leave earning jsut £530 per month.

 

I emailed them a couple of weeks ago offering £10 per month and saying I would not be happy to pay all the interest. I have had no response and they sent the court papers through rather than acknowledge my email. I would be happy to pay the original amount plus say two months interest over a six months period - considering my current situation.

 

I'm quite scared and really don't want a judgement against me. Help!

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I'll get somebody to start a new thread for you - can you post up the particulars of the claim word for word Cash Genie have entered, I can the do a draft basic defence and it can go to the court on Monday, they have NO CHANCE of getting that through at the moment. Your circumstances can be used in the defence against them being unreasonable as well as a variety of other things.

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Thank you so much - with a new baby I am just panicking!

 

This is the wording from the court papers:

 

Fixed loan agreement

DATE DESCRIPTION AMOUNT DUE OWED

16/02/2010 charges £149 26/02/2010

16/02/2010 interest £810 26/02/2010

16/02/2010 Payment -£130 26/02/2010

16/02/2010 deposited £150 26/02/2010

 

 

Total due - 979

The claimant claims the sum of \£1092.52 for the fixed loan agreement

 

including £113.52 pursuant to sec 69 county court act 1984. Rate 8 percent from dates above to 09/11

 

thanks

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Thank you,

 

It doesn't state the solicitors - just a name as the clients solicitor which may imply it's all inhouse maybe?

 

Can I mention the fact I was pregnant shortly after the money became due and that my partner was unemployed. As I have entered the acknowledgement online and said I accept part of the claim can I still use this?

 

Also if they don't accept this will I automatically get a judgement?

 

Thank you for your help and sorry for all the questions!

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Yes, if you look at the statement I have done on the original thread it allows for this.

 

I do need to know the name they have put, it is essential that we have this information as it can be used against them. They clearly are going against a lot of guidelines and LAW here and need to be stopped asap.

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