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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
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Onliine Claim Help


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Just looking and hoping someone could dot the "i"s and cross the "T"s for me on something

I raised a claim against someone for £9k

They have been in touch via their solicitor with the usual we don't admit liability etc etc but will settle for the amount. I agreed and they said they would send over a Settlement Agreement

Now they have BUT they want me to file a notice of discontinuance BEFORE they pay me PLUS they want a confidentiality agreement. I have said I want payment before I file the NOD but I have also said if you want confidentiality then there will be a £1500 premium for this as if this went to the local press, it would affect them massively. That wasn't my intention by the way but we move in similar circles so I don't want to be under the threat of litigation without some reward

Just to add, I can also file for summary judgment as they are way past acknowledge ment and was unsure as to whether to do this to strengthen my position but didn't want to look harsh if it did go to court and they claimed I did this out of spite while negotiating. 

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Evening BF

As of yet they haven't filed a defence as commented that they haven't even acknowledged the claim

In regards the claim, as I have made an offer of a fee for confidentiality, can I share it in advance?

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Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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No, my balance was just over £10k so to keep it in small claims i claimed for £9000 and said I would keep the other £1000 in my account for when it was reopened. I knew that they would close the account anyway

What are your thoughts on the confidentiality element?

 

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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There is no defence. The balance is on the account as stated. The issue revolves around Source Of Funds. You will have to trust me on this part but I work in gaming in a Senior Roll of a larger competitor. They do not need source of funds as I am winning £15k from them. I refused to send them a copy of my contract which they asked for to support my spending. This isnt applicable as my first deposit was £100 and I am infront with them ever since. 

If they did defend, I would apply for a summary judgement as like I said, there is no defence. 

 

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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