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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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Birmingham Midshires Erc So It Begins! **SETTLED - 3/4 paid **


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Good Luck top you Bunny, mind you judging by the number of BM claims that appear to be going in I kinda get the impression that they re startin to feel the pressure. But dont worry we ve all got each other ..we l nail em..lol

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Just what are the thoughts on this "breach of contract"?

Is it or isn't it?

It doesn't it actuallymatter thats its a breach?

Can anyone put some more detail on the actual basis of claim?

Is it simply and unlawful charge by way of being excessive?

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You have to relate a charge to a breach of contract in order to have the protection of the penalty provisions otherwise the charge is simply a charge for a service for which they can charge whatever they like with out limit.

 

So for example a barrister could charge £500 per hour for their services which is clearly excessive and unfair but it is not unlawful. In setting the cost of a service the parties to the contract are free to agree whatever terms they like. Both UCTA and UTCCR refer to the need to show charge was imposed because of a breach of contract and also the common law provisions relating to penalties/ liquidated damages clauses equally require a breach of contract.

 

Hope this helps

 

Zoot

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well, well, well, folks youl never guess what happened to me yesterday got a phone call from some legal rep claiming to represent the Birmingham midshires stated acknowledgement of court papers. But what was wierd he almost phoned up to gloat, stating that the BM were not going to budge on any issues or refunds so I should call it a day. He then went on to state how unpleasant county court was..to which i replied iam a cop with 17 yrs experience ive been in more courts that youve had hot dinners !...The man promptly hung up ! Hows that for unproffessionalism i ask you....didnt even get his name or company

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LMAO!

 

Good on yer biffa!!

 

:lol:

 

 

well, well, well, folks youl never guess what happened to me yesterday got a phone call from some legal rep claiming to represent the Birmingham midshires stated acknowledgement of court papers. But what was wierd he almost phoned up to gloat, stating that the BM were not going to budge on any issues or refunds so I should call it a day. He then went on to state how unpleasant county court was..to which i replied iam a cop with 17 yrs experience ive been in more courts that youve had hot dinners !...The man promptly hung up ! Hows that for unproffessionalism i ask you....didnt even get his name or company

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Folks i have recieved my court paper acknowledgment from MCOL. Court case number 6QZ83793.They have told me to consider the Birmingham Midshires to have been served on 20th November 2006 and have added that they have until 4th December 2006 to reply. Does that mean if they dont acknowlege on mcol by th 4th i can click the 'auld' judgment button ?

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Well folks the 14 days are up and Birmingham Midshires have still not lodged a defence nor an online ackowledgment,As expected MCOL are allowing a few extra days grace as they will not allow me to enter judgement by default. I wait with baited breath

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They will probably file a defence. I had the same thing. Interesting thing though, when the AQ and their defence arrived the court documents had a leaflet about trying to settle this out of court. 11 phone calls to show that i am prepared to negotiate and they still can't give me an answer. Person in BM hot seat apparently on holiday. So their solicitors are waiting for instructions. Mind you their defence is weak. Kept on about me signing for the charges etc....This won't look good in front of the judge when i present my phone bill with all the calls made to try and be reasonable.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I know.. They will probably put in a defence after that.

 

Uk..

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Cheers UKaviator at what stage are we likely to see these buggers pay up? or do you think we re gona go to the wire with the Midshires ? Seems to me that lickthewallfatboy and co have caught em at the right time theyre appear to be digging their heels in

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It does seem that there are some internal movements. I called them last week to again speak to their solicitor on my case. Seems she is always on holiday, the secretary appointed to her had a look for my file and said that the files are all over the place and can't find mine. She did say that due to the increased workload they were getting help and moving in more desks.

 

 

Uk. . .

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WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 weeks later...

Well Folks , the buggers have entered a defence and i have recieved their defence today from the courts.il post the exact details of their defence on here shortly but its almost the same as that of UKaviator. They have also asked for the case to be heard at Liverpool County Court

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