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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 
        • 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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Eviction date 2nd dec help please *Eviction Stopped*


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Ah ok. What about council tax ?

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I've completed a budget sheet for you which is affixed - ask your friend to print it out. Also affixed is the N244 you need - I will help you with completing it and writing a statement to go with it.

n244_e.pdf

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OK, you really need to get the documents to the court tomorrow if you are to get an emergency hearing on Friday or first thing Monday morning - are you able to be online tonight and get the stuff printed out?

 

 

Which court is it ?

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Thanks for the info Terrence - very much appreciated and it's good to know there's a duty legal adviser.

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OK, let me know in the morning when she's printing and I'll give you the instructions for completing the form and also what to write in Q.10 of the form. When you take it to the court you'll need to pay a fee of £45 and it will need to be in cash, also take the eviction notice with you.

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OK, let me know in the morning when she's printing and I'll give you the instructions for completing the form and also what to write in Q.10 of the form. When you take it to the court you'll need to pay a fee of £45 and it will need to be in cash, also take the eviction notice with you.

Morning shall have forms in 10 mins

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OK, here are the instructions for completing the N244:

 

 

1.Name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. I will give you separate instructions for what to write here

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

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In Q.10 of the form - write in the box the following:

The arrears arose due to illness and depression resulting in my being unable to take proper control of my finances.

However, having recovered I am now able to offer payments of £50 per month towards the arrears in addition to the normal monthly payment as shown in the affixed budget sheet.

I respectfully request the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of the Administration of Justice Act 1970.

Once you have done all that and got your mum to sign the form, take a photocopy of it (library, copy shop etc). Then staple the budget sheet to the N244 and get it to court asap.

 

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Once you have a hearing date you can gather together more information to take to the hearing with you - i.e. doctor's letter, proof of disability allowance etc. The most important thing is to get that form to the court today.

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Have you got it all filled out and photocopied ?

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Yes, they will give you a date when you hand the forms in - it will really have to be tomorrow as eviction date is Monday. Is your mum OK about going to the hearing? will you be going with her - she MUST attend

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