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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.

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      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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Setting aside salford a ccj - defence sent to wrong court


keek
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  • Thanks 1

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You could of but I doubt the judge would have accepted it.Did you not advise the court that you are a fully qualified CCTV installer ?

I agree he could have ruled today and could clearly see the claimant has made a total hash of her claim.Instead he has thrown her a lifeline whereas he should have imposed sanctions and simply struck the claim out.

 

Now you are being put to the inconvenience to help prop up her claim and justify your own defence

 

Please note the upper limit for experts’ fees that can be recovered is £750.

 

SO 8 weeks to sort this...she does not appear to be too amicable so it should be fun the pair of you agreeing an experts report.

 

 

https://keoghs.co.uk/keoghs-insight/aware/expert-evidence-small-claims

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Quote

she took the DVR to court yesterday so she has pulled it all out

 

 

So how can you possibly do an expert report ?  Was there any kind of guarantee provided when you installed it  ? Surely thats also invalid now if there was ?

 

Disregard the councillor its irrelevant and not party to the claim.

 

Keep a tab on your costs here...application fees...loss of income...possible expert fees. 

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You really should have informed the judge yesterday...then he would have struck this nonsense out.

 

The only way forward now I see is to do nothing...and come 8 weeks time the judge has no option to dismiss because both parties have failed to provide....or make a further application (without hearing) £100 requesting it be struck out due to this new discovery.

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Yes you can apply for a wasted costs order.

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  • 4 weeks later...

Or apply to the court 4th Dec by 4.00pm for further directions.

 

Andy

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Its no use ringing the court...an application has to be made with fee using the N244 to request further directions.Well done on posting the letter you have your side covered.....let her keep digging the hole deeper....the court will advise you of the next stage.

 

Andy

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Contact the court and see if there are any further directions...I cant decipher that writing.

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  • 2 weeks later...
8 hours ago, honeybee13 said:

So what's she been doing since Friday, I wonder?

 

HB

 

Digging the hole deeper

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No copies to be provided...we have passed disclosure stage.

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I think the court already have a good idea of her true colours PIXel :wink: 

Keek has already taken evidence....I have taken another photo of the one she has pointed upwards this morning. "

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Standard process.....make sure you have all your correspondence with regards to trying  to agree an Expert...and copies of hers.

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Court sets Directions in SCT SuperV

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  • 1 month later...

Its normal process unfortunately...you have to go through the hoops.It is good that you will be in attendance then you can also makes notes of any interference /changes and take pictures.

 

Just go with the process and do as requested......you will succeed.

 

Andy 

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  • 2 weeks later...

Contact the expert Keek

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  • 3 weeks later...

Nothing.....let her keep digging her hole.

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Not really in civil claims......but possibly in complicated claims......if they are having a hearing there I would want to be in attendance also.

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Possibly relayed incorrectly to you...not a hearing a meeting...wait for the official Order...a court cant hold hearings in residential homes.

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  • 2 months later...

Expected due to the current climate.

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  • 4 months later...

Could she not check if it had been re listed...you would have received notification if it had......I dont expect that she has informed the court.


Andy

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Do nothing...its for the claimant to proceed..as per the last order above.

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No.... if she has failed to inform them to relist...the claim will remain stayed and if she wishes to proceed then she will have to make application to lift the stay...more expense.

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  • 4 months later...

Hi any updates to the above...?

 

Andy

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Check with the local county court what the status is.....I would assumed it stayed and why your at it ask about your costs.

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