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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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Azzurro Claimform - Unregulated Business Loan from Liberis.com - Sole Trader - my name" T/A "Business Name


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4. On the 02/10/2022 I requested information pertaining to this 
claim by way of a CPR 31.14 request. The claimant as yet to respond to this request.  

Azzurro Law is as yet to respond in relation to the CPR 31.14 request.  

To date, 18/10/2022, no documentation has been received. The claimant 
remains in default of my section 78 request. 

 

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  • 3 months later...

If they were to make application for Summary Judgment this would add further costs to the debt and their application would most likley succeed. I really can't see a a credible defence here unfortunatley.

 

Therefore, use the mediation service to try to come to an agreement and arrange a payment plan if you wish to avoid a CCJ.

 

Andy

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We could do with some help from you.

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Hi there.

 

You really need to have a starting point on the debt and also consider if they have made any previous offers to settle. The full debt amount less any payments made and what you think is a true reflection of what's still outstanding. Ask in mediation what they are prepared to accept as Full Final Settlement or prepared to drop the court fees for issuing the claim.

 

You will soon get a feel of how far they are prepared to go or whether they will not budge which in that case you may wish to consider proposing a Tomlin Order with an affordable monthly payment plan.

 

Come back and let us know how you have got on.

 

Andy

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Goes in your favour if they refuse to mediate .....if you accepted the full amount (assuming as you dont say if you did )and offered to pay monthly, they don't need a judgment to secure the agreement a Consent Order does that without the need for judgment.

 

What did mediation say with regards to their refusal ?

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