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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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      • 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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obvious v itcsales.co.uk *** I WON ***


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Apart from print out all your emails and file them in date order just in case have you still got any of the PDAs to use as an example?

 

Just general stuff like that, get your facts in chronological order to help you in court etc and good luck

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Nicely laid out and clear enough to read at least that makes your defence easy to put together, there are more knowledable people on here who can advise you on how to word things etc and good luck with it.

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Giving misleading information and not to mention acting in a child like fashion would put a rather large dent in their credibility though IF you could prove it was said company which is probably impossible esp if an employee posted from their home and it wasnt posted by a fixed IP address you couldnt prove it anyway again it would be balance of probabilities and a judge wouldnt be interested

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The "evidence" I was referring to wasnt that ACTUAL posts it was the IP logs of the person posting I wasnt attempting to show that the posts themselves were legally binding at all, merely that if the OP intended to try and use them in court he would need the evidence to prove his claim that ITC had posted them.

 

Besides its about showing that you are have been reasonable about trying to settle before heading off to court and showing that you are the more credible person so you are believed hence the OP seeing if there is anything here he can use hence logs as evidence thats all.

 

As for the legalility of bringing any of this before a court thats beyond anything I could or would advise on anyway but having all of that to hand just in case even if you cannot use it can only be a good thing.

 

As I said earlier tho proving that was someone from ITC will probably be impossible anyway so the whole argument is void

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You are missing the point I wasnt saying that what has been posted here would be admissable in court I was saying that IF you were going to attempt that then you would need the evidence to back up your assertation ie the IP logs.

 

As for being reasonable I wasnt again ascertaining whether he was being reasonable or not however IF you could prove ITC made those comments 110% (which he cant) then their credibility would be shot thats all I was getting at.

 

Again im not saying who is being reasonable (im not the judge lol) BUT if everything in this thread is true and the ascertation that TBoner is from ITC then it shows how low a company will sink to try and get their own way and influence someone into giving up their rights.

 

Im not actually arguing with you re submitting to court at all, in fact I was agreeing with you that it would probably be inadmissable as theres no real way to prove that the posts came from ITC as I doubt they are big enough to have their own block of IP addresses to which you could do a reverse look up and prove it came from their offices (regardless of who posted it from there) I suspect it will either be a static IP address on an ADSL line or just a dynamic one either way as far as mere mortals are concerned its untraceable past the generic ISP in question and to get any further would involve considerable expense and time which would be totally worthless

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