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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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Notice to pay from county court***WON IN COURT***


sio1979
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Hi sio1979

 

I am more or less in same situ as youself.

I went to court last Friday (10th). SC&M did turn up!!

Judge spoke to both of us in turn and SC&M requested a Stay.

I opposed the stay giving my reasons why.

The judge then went over a few details and then refused the Stay and struck out the defence. SC&M/LLoyds now have 14 days to appeal or 21 days to pay. So I am just waiting to see what happens next. I presume if I dont hear anything I should contact SC&M??? Any advise on this one guys would help. ta

 

But was happy to win on the day and see the SC&M guy go home with a flea in his ear!!

Have a quick read on my thread (Ollie v Lloyds) as to what SC&M guy said to me before we went into Judge - wished I could have recorded that comment!!

 

Good Luck and well done

:D

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well done on your win... its an even sweeter victory cos they turned up and david beat goliath!! lol

i was quite chuffed no one turned up for mine i think i would have fallen to pieces..

ill just give it another week or so then and wait for my big cheque :D

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Thanks.

Yes it was indeed a nice feeling to beat them on the day. I had to stop myself from leaping up and shouting YES when he opposed the Stay etc.

Although I was sat there shaking like a leaf through most of it, not that the Judge was horrible, he was very nice, it was just the thought of being in a court.

But if i don't hear anything by the times up I will ring. I beat them in court....I want my money lol!!

:D

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Yes I presume thats the standard days.

But the Judge gave the SC&M guy loads of points to why he had refused stay and struck out the defence (but my head was whirling by then and couldn't take it all in!!) so I havent got a clue to what they could appeal against - but knowing them they will dig something up!!!

Will keep you posted to if I hear anything/get cheque.

:D

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i rang the courts today as its been over 2 weeks and i still havent heard anything from the courts or lloyds...it seems they have only written up the judgement order today so that means that lloyds will still have time to 'appeal' wont they ??? :mad:

 

am i right in my thinking ?

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i rang the courts today as its been over 2 weeks and i still havent heard anything from the courts or lloyds...it seems they have only written up the judgement order today so that means that lloyds will still have time to 'appeal' wont they ??? :mad:

 

am i right in my thinking ?

 

 

Hi,

 

Did the Judge give a time scale for them to appeal?? And as they didn;t bother turning up at court, IMO it would make their appeal rather weak!!

 

Ollie :)

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