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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

Lowell/Overdales letter of claim now claimform - 2 CAT debts JDW + Studio ***Settled at Mediation ADR***


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Quote

They have also sent me a letter with confirmation of when the accounts were opened and the last payments on these and the date of default.

Quote

Did you receive a Default Notice from the original creditor? Not that i am aware of

What was the date of your last payment? Not sure of this

 

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Not to worry plenty of time...you can acknowledge service next week and leave it for now.

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AOS Friday 6th Jan 2023 by 4.00pm

Defence Friday 20th Jan by 4.00pm

 

 

.

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  • 3 weeks later...

A few additions and tweaks in red above.

 

Andy

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Do it now nothing is going to change from now till then.....save yourself a week of further stress:becky:

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  • 4 weeks later...

Well, that is their preference on completing the DQ as they have opted for no hearing...you can do the same on yours or if you prefer select a hearing.

 

Andy

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  • 3 weeks later...

What date did you submit your DQ?

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If there is no change on the MCOL status (IE last entry defence received) then the claim is stayed.

We could do with some help from you.

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Then thats why you have not recieved any directions....no dq no directions claim is stayed.

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You submitted your defence 20th Jan = 33 days for claimant to respond 22nd Feb...or claim stayed. Don't ever be fooled just because they post you a copy of their DQ in advance.

 

Unless the court has messed up....let's see what transpires.

 

 

 

.

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  • 3 weeks later...

With if you want to have some kind of input and control.

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  • 3 weeks later...

Claimants do not have or require witnesses its always left blank on the DQ. They have counsel or representation.

The court will decide if there should be a hearing you will be informed in your Notice of Allocation n157.

 

Andy

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  • 2 months later...

Answer no if that's the case and yes the claim proceeds.

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1000% unless you settle at mediation.....all claim proceed to allocation/court if mediation fails or not engaged.

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Do you wish to settle and participate in mediation .....can you say yes to their three points ?

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Its all done via telephone poss last 20mins...do you really need time off....just find a quiet corner?

 

Be prepared that they dont have to settle for anything in mediation and may not budge

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Cant see why not as long as its during working hours for the mediator and claimant.

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We could do with some help from you.

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  • AndyOrch changed the title to Lowell/Overdales letter of claim now claimform - 2 CAT debts JDW + Studio ***Settled at Mediation ADR***

Topic title updated

We could do with some help from you.

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