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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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HFO CAPITAL/services/turnbull CCJ


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Morning Mel

 

I am guessing tomorrows hearing is for them to get permission to appeal.

when I appealed last year they were not invited to attend the first hearing.

 

They will need a valid argument for the appeal to go to the next stage, if they do get permission we have enough info to send them packing.

 

As donkey said the best thing is to phone the court this morning and they will advise.

 

Best regards

 

Brokenarrow

 

PS no probs you posting on my thread :)

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Mel, can I confirm that in response to the appeal and with vjohn82's help, you have filed a witness statement against the appeal?

 

Any chance either of you could send me a copy?

 

If so, it's about turning up and being prepared. Maybe we can get some notes together for you to help you ask questions/ give replies, like last time.

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BA, tomorrow is the appeal - check the stuff I sent you. They're also asking for an appeal AND a summary judgment in their favour. Their case is full of holes and raises more questions and defence issues than I think they realise.

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BA, tomorrow is the appeal - check the stuff I sent you. They're also asking for an appeal AND a summary judgment in their favour. Their case is full of holes and raises more questions and defence issues than I think they realise.

 

I am not sure it is the actual appeal hearing, what should happen tomorrow is they have to prove they have good grounds for the appeal to continue and the judge should then give further directions if the appeal is granted.

 

donkey did you get the document from Paul?

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They are asking for the original order to be varied and judgement in their favour, but I cannot see a Judge doing that without them proving first.Did Mel receive an order after she received a copy of the appeal, with any directions.

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hmmm,

 

their appeal is pretty weak , that said though they will need to be contested or they will romp home if they are unchallenged for sure.

 

the judge was right in the first hearing, paragraph 173(1) of the Carey judgment confirms this point clearly

 

providing it is your position that the terms were never presented at the point of signing but could have been presented sometime after signing the agreement

 

so they fail even if they over come the assignment argument

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Faxed to court, Mel will email back-up to court and TR.

 

Included the bit about Carey, and a rebuttal of the DN issue being de minimis, as TR admitted there was no DN from M&S.

 

As PT says, if they overcome the assignment issues - which will be difficult given their legal rep clearly thought it was Cayman, and Cayman was the only company ever identified in proceedings - then the Carey bit in particular should make Rankine look silly.

 

Mel - please print out three copies of your amended WS with the affidavit, and take them with you, as the clerks may not sort things in time and TR will probably deny receiving anything. That said, the changes are small and don't prejudice the claimant in any way. You may have to play the litigant in person card, as it's true in this instance - a late feck-up due to LiP issues.

 

Read through my other notes sent so you can try and get your head round the issues re assignment - I'm certainly no lawyer, but there are enough issues raised there to confuse anyone, let alone a DJ, and as Lord Denning said you need certainty...

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ok all done... is it going to be as hard going as my hearing in dec? least its early in morning i guess...

 

I couldn't say... appeals can go either way really. If you have the same Judge as before then I would say you are home dry because this assignment issue cannot be ignored. It's the most difficult barrier for them to overcome IMHO.

 

Them bringing my case into it makes them look even more daft because they were claiming the opposite course of assignment to yours - cna't have it both ways morons!

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i wont have same judge, its at a different court this time...

 

Just stick to the facts they have got to prove the original judgment was wrong.You beat them once you can again.

 

I doubt a judgement will go in their favour, at worst the appeal will be allowed to continue and directions for the next stage will be given.

 

so good luck we are all supporting you.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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No need to panic about it IMO... the assignment issue is proof enough that they are being completely dishonest... how can they possibly say HFO Capital Ireland are the only assignee of the debt when in mine they are saying HFO Capital Cayman is the only one... yet claim HFO Cayman sold all of their assets in Jan 2008 to HFO Ireland.

 

It simply looks ridiculous whichever way you read it.

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