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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
        • Like

PRA/Barclaycard Court Claim Form***Claim Discontinued***


Tbirdo
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Just a few edits...credit cards are section 78...so you only refer to section 78...not 77-79...rest is fine.

 

Andy

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Automatically if you opted for that option...check your statements.

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  • 4 weeks later...

Normal procedure for all of them......N180 next ......Directions Questionnaire......which will allocate the claim to track and transfer it to your local county court.

 

Post up when you receive it 

 

Andy

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  • 2 weeks later...

Use the above to complete on screen and run 3 copies.

 

Yes to mediation

Yes to small claims track

State your local county court name.

1 witness yourself.....the rest is self explanatory.

 

Andy

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Yes have a read of the following..you would have to seek the county courts permission in advance.This is for support purposes only..you will not be allowed to act for your friend.

 

https://www.gov.uk/litigation-friend/suitability

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Well it is PRA and as you see their knowledge of process and debtors is questionable and not to be relied upon 😎

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  • 3 months later...

Can always submit a statement and not attend...but its always better to be there...whichever party turns up is on the higher ground....particularly if the other does not.

 

Let me know once the statement is complete and I will draft you a covering letter of absence pursuant to the CPR  

 

Andy 

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Yes thats the one I drafted on another thread.

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·         The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974.

 

Thats for overdrafts Tbirdo so I have removed it from the above.

 

4. I had been paying regular monthly payments via a debt management company (************) up until xx/xx/2018, I ceased payments once I realised that I was being charged a fee to use they services.

 

Does not require that information your not claiming it is statute barred ... irrelevant ... removed.

 

Just a few typos and misconceptions removed...please check the above now.

 

Andy

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:wink: Thread title updated to reflect the outcome.....

 

Well done  Tbirdo and many thanks for your donation :yo:

 

Andy

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