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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 
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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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Becci v HSBC ****WON****


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Rayne I couldn't agree more, consider the "pete for godship" campaign official underway!

 

I phoned the court today and they said they're working to a 2 week backlog, but the judge will almost certainly have looked at my request for judgment by the end of next week. They also said they still haven't received anything from HSBC (pete you were right about that letter of theirs: +1 godship point) and that even if they did now they would look at stuff in the order they received it.

 

So I guess I'll just have to wait til next week!

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Tried that bud - apparently I got to put it about a bit more....

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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morning all!

 

just trying to prepare myself for if the judge orders judgment this week. The court lady said he would definitely have looked at my request by the end of this coming week , so I'll start ringing the court from Tues/Wed and hopefully find out as soon as its done.

 

The question is, assuminhg judgment is granted, what do I do next? ive been reading up about warrants of execution but not sure exactly how to go about it, or how it fits in with DG applying for a stay, which I imagine they will try to do. If I get a W of E before DG get in with their stay application (thats if they havent already) then does that mean I;m home and dry?

 

Aaarrrgggghh its all so confusing!!!! :confused: :-?

 

becci

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Hi Beci. It is all a bit confusing at the moment. Even if you get the judgment, dg can apply to have the judgment set aside which seems crazy to me but that is what happens. If you get judgment then go for the woe as soon as you can. The court will tell you whether you can or not.

Have a read of these threads to give you some more info

Got A Judgment? How To Get Paid

How to enforce a Judgement.

 

Hope this helps!

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morning becci.. hows you? if you get judgement they will have to get it set aside before they can apply for stay!!! which they will try to do at the same hearing (should one be granted).. so once your judgement is in place expect a application for set aside and stay.. have a look at my thread post 122.. that is what i got from DGs so could be the same or similar... hsbc bank charges

 

if you do i will try and guide you thu all points of arguements they try to use to get it set aside... if set aside is refused then stay will not be forcable!!! (they cant stay a case that has been ruled on.. ie you have judgement upheld.. ) i am in court on friday with DGs so will let you know how it goes!!!:)

 

debbie xx

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hi freaky aint it quite without auds!!! i miss her!!! hope all is well your end.. busy,busy as usual... nearly finished all my arguements re my set aside been a long trek but nearly there all over(apart from money in hand) on friday and in my favor im sure!!!

 

debbie xx

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Auders is most definately missed! I hope she is having a good weekend. I have been watching your thread and I am sure you have done everything possible to secure your victory. You have and are doing a lot of hard work and I am sure it will benefit others. Keep up the good work debbie!:D

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ah thanks freaky will pay you later.. when i get my money.. LOL LOL or perhaps a donation will be of better use!! yes think i will defo do that.. i can see auds dancing in her kilt and having a merry old time even if she is alcohol free... bet that cake was del-ish..

 

debs x

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Thanks debbie, freaky, v helpful as always!

 

I couldnt get my head roud how the set aside/stay thing fitted together but that makes it much clearer, thanks debbie. If i get judgment it sounds like DG will rock up on the day looking for a set aside and a stay. So id better get my arguments straight too! (I woudl really appreciate your help with this debbie , to be honest I don;t know how I would have got this far without you honey!)

 

If I get judgment, will my hearing on 4th oct automatically go ahead, or will DG need to apply for a fresh hearing to apply for set aside?

 

Best of luck for friday, debbie. It sounds like yoru well prepared which has got to be half the battle won. Which court are you at?

 

I am probably being a thicko, but in post 122 of your thread it refers to "the strike out" - is this the same as judgment? or am I massively off the mark?!

 

becci

 

ps doesnt it just say it all that DG's letter to Junkimunki had someone else's name in the sub-heading?! Doesnt exactly inspire confidence does it?!!

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yes bec's, a strike out is when the judge has struck out their defence because the did not comply!!! which then entitles you to apply for judgement to get your money!! regarding your hearing, if you get judgement the judge will then vacate the hearing which means it will not go ahead (canx).. unless DGs have put in application for it to be set aside.. they would have to be on the ball to do this..but you never know..so it could well be vacated for the 4th oct and another hearing scheduled for another time all depends on how quick DGs respond..

 

happy to help regarding set aside if they apply for one no probs...

 

if you are not sure of anything then dont be worried to ask.. even if you think its daft...thats what we all here for and everyone was in the same boat at some point.. i have only learnt what i know from this fab site!!

 

im in derby court love..

 

deb's xx

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Thanks debs thats a great help - there's so much to get your head round!

 

This site really is fantastic isnt it. I would have given up looooong ago if it wasn't for the help and encouragement of the guys on here. They really are fab!

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They are aren't they, but don't tell that I said that as it might just go to their head....lol ;)

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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I phoned the court earlier to see if I'd got my judgment, only to be told that someone is off sick so they're a bit behind and to try back early next week :mad: (obviously no sympathy from me!). bit of a pain, but such is life.

 

interesting that the court STILL haven't received DG's application for a stay! What a bunch of big fibbers! It just goes to show that what pete says is true:

 

Becci, letters from DG mean nothing, they are sending out this letter a lot and its meaningless propaganda designed to unsettle you. I have even seen it sent where they have not applied to the court for a stay:rolleyes:

 

becci x

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careful pete, you'll give them ideas...next thing we know DG will be using that in their defence:

 

...blah blah blah...too many fields...cobbled streets of Stratford too narrow for barrister's 4x4...couldn't understand claimant's yokel accent...blahdy blah blah...

 

becci

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how you doing becci???

keep on at em love!!!

answers will be ours soon!!!

i have been adjorned till 2nd oct so will keep you informed!!!

 

debbie xx

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