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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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I'm back now with the last leg of this nightmare. After 3 months of non-payment since judgment was awarded in my favour, I served a stat demand on the cowboy. The guy is quite thick and is reacting in the wrong way to it. He has written me two totally dimwitted letters making all sorts of bizarre dishonest accusations and is accusing me of perjury and bordering on blackmail. Following the first letter, I made it pretty clear where he stood and the costs involved if I put him through bankruptcy. He has written yet another totally daft letter without any offer of payment. What I wanted to ask is from a legal perspective am I supposed to respond to these letters and clarify that he is lying and I have proof to the contrary or shall I just go straight to court now and get on with the bankruptcy procedure?

 

Tell him if he wants to accuse you of perjury and blackmail he should go to the police. Tell him that as you have done neither you are happy for the police to investigate as you have nothing to fear.

 

Was your stat demand was for the sum awarded you in court as a CCJ? If so and the court deemed it was payable "forthwith" then it seems likely any attempts by him to cry "perjury" can be fended off by "it was the court's decision : appeal it if you wish, but it is owed according to the court"

 

Tell him if he wants to argue the stat demand, then court (again) is the place to do it, when you start bankruptcy proceedings. Remind him that advising him there are costs involved in bankruptcy isn't to blackmail him, but so that he is aware of the consequences of his actions.

 

Then go to court. Let him know that then he can blame the court rather than you when the court finds against him again ...... Provided (of course) that you believe you will recover sufficient OR (by now) you don't mind taking the financial "hit" if he has limited assets.

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