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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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There is undoubtedly a lot of paperwork to look through - and someone will need to read that in order to give accurate advice. I am afraid that it is highly unlikely that anyone with the required level of knowledge will be prepared to do it for free. You'll almost certainly need to instruct a solicitor, or, at the very least, prepare your paperwork and contact a direct access chancery barrister and ask for a written opinion/advice on the merits of your case as it stands today (i.e. against the mortgagees).

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The point of getting an opinion/advice from a chancery barrister is to see whether you have a good prospect of success. If you do, then it may be worthwhile you spending money fighting the case as if you win, your costs will be paid by the other side. If the prospects of success are low, then there'll be no point in going any further as you would just increase not only your own costs, but you would have exposed yourself to paying your opponent's costs too.

 

Lots of people ask barristers for advice on merits of cases before proceeding for this very reason. Yes it will cost you a few hundred pounds, but ultimately it could save you thousands, not to mention months, if not years, of stress and ultimate failure.

 

You should check your insurances, there may be legal insurance attached to it, which might assist you with paying for, at the very least, the initial advice/opinion from a barrister.

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As suggested, here and on another forum, you NEED legal assistance because the intricacies of your issues are undoubtedly within your paperwork and the court judgments and not simply in your understanding of them and re-interpretation of them in an online forum. That alone may already have led to you receiving incorrect advice in this thread.

 

By all means choose what advice you want to follow - but it could be a costly mistake.

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