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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
      • 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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Camdenite Vs. Providian/Monument "WON"


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Hi Camden,

 

Not sure re time frame TBH.

 

This link doesn't say but worth a read anyway - http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

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Thanks Slick. The Court told me "within ten working days" but it was only when I left, I realised she could have been talking about filing the notice with the defendant, not actually the time they have to pay up within.:o

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If they pay in 10 days, I'll get the beers in !

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More than likely Cam

 

I'm yet to get any JBD without the bank/finance co setting it aside

 

In one case they got the JBD set aside and got to enter a defence over 3 months after the deadline

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi Camden,

 

If it was bank chgs, they'd almost certainly apply for set aside but they know they're beaten on the Credits Card chgs. It's the CI they ain't happy about now.

 

You could now send Kate Ashton copy of the Judgement and ask if they'll pay up as the deadline for settlement is 26th, and this will avoid you taking further steps to enforce the Judgement.

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Can you scan in the judgement and send it to her via email - they are fobbing you off... if you have the Judgement then they should too.

 

Phone the court too and explain what is happening and ask them to send a copy of the judgement to them via recorded delivery, they should be able to do this.

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Or send Kate fax of the Judgement on 01452 638 430

 

Other contact may be found in Barclays Litigation Team Sticky at top of Barclays forum but I don't know how current they are.

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Hi Camden,

 

Dare I say , "Nearly There"

 

Slick

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Hi all, Just had one final hurdle to jump with Monument. No cheque sent, I received a letter asking for my bank details and enclosing a Consent Order for me to sign and return once payment had been made.

 

They are promising cleared funds in my account within the next five working days, so all looks good.

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Just a bit further .............lol

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Yeeeeehaaaaah !!

 

Second one today - Big Congrats Camden.

 

 

th_congrats14.gif

 

Title will be changed, Slick

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Well done, one of my cases delivered last week, another early next, and two complaints to the FOS. News soon I hope

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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