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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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Archer V HSBC - ***Won in court POST OFT!***


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HI Debs

 

yes I am all set - I'm feeling a lot more confident now thanks to you guys. To be honest before I came accross your thread I just assumed it was a foregone conculsion that a stay would be granted, but now I feel like there is a chance!!

 

I am due in court at 12.45 (strange time - I thought they'd have a lunch break) so I will post the result as soon as I get back

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yes does seem strange time!! they are asking for a set aside for the judgement and then stay??? same as mine!!!

 

i think lunch is 1pm till 2pm so you will be in and out quick cos if you go over like i did it will be their dinner time!!!!:lol:

 

debbie xx

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Hi All

 

Great news (sort of)..the Bank failed to turn to today to the application hearing so the Judge declined to grant their request to have the Judgement set aside and a stay imposed!! Yeah!!

 

The Judge was very annoyed with them and awarded me an extra £20 to cover costs. I did ask him if their were any more avenues that the bank could go down now, and whilst he didn't really answer he did say that they were going to have a difficult job convincing him to set judgement aside today, and they'd have an even more difficult job after not showing up today!!

 

I'm still not counting my chickens until i actually get the money though. Does anyone know how long (if at all) I now have to wait before I can send the baliffs in (the original timeframe they had to pay has long since expired). Do I have to wait for another order to come through or go on the original order??

 

Anyway thank you so much to everyone that helped Sydsmum, who then helped me........at the begining of the week I wasn't feeling very hopefully of a positive outcome - and look at us now.

 

Thank you again everyone - I couldn't have got this far without you all (and once i get my money I shall be making a donation!)

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WAY TO GO GIRL... excellent job... now makes me wonder if they arn't bothering cos mine was upheld and it costs them to send a represenative when they didn't get their set aside in my case!!! but even if they had you were prepared love....

i did say that i had not heard any other cases at the stage i was and therefore felt a ginnie pig... could well be...

 

anyway love when judge awarded mine he said 14 days from court date which was 2nd october....i got my money in the bank 4th october... one of the quickest payouts on record by all accounts!!!! did the judge not say??? and did he have your bundle???

 

debbie x

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Hi

 

I think exactly that - it would cost them more to send a barrister etc than to pay up - and after your win it just wasn't worth it.

 

The Judge had read my bundle, and I checked on the royal mail web and DG got it too - just snuck in before the postal strike. I think this also contributed in them not showing up..........

 

Hopefully my money will turn up soon!

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pete you are really worrying me now please stay your usual compose self.... i am begining to think you have been abducted!!! hahaha

 

yes bettsy i agree love about time we had the upper hand me thinks they are on the back foot... they don't quite know whats going on!!! lol:D

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does make me wonder (again, and again) if they are snooping on here and piecing together who is up to it and who isn't....

i can't believe they wouldn't show up if they didn't know they were up against someone who was ready. once again, i think this would be very, very daunting for anyone trying to do this without the backup of this forum.

and WAY TO GO BETTSY!!!!

CONGRATULATIONS.

 

ring the court first thing monday morning and find out what they say about the timing for executing the warrant.

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why isnt there a great big ****WON POST OFT**** on this thread :D

There is now!;)

 

Well done bettsy - fantastic result!!!!:D

 

(Which court was it by the way?)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi

I am in court on the 12th Nov for the exact same thing tu have judgement set aside and a stay, hearing was at the banks request so am preparing for this, Now i have recieved a letter from court saying that a stay has been granted no mention of the judgement or the hearing do i need to ring the court or should i assume that the hearing is going ahead?

 

Steph

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Hi Everyone

 

Just to update you - I still haven't received any money! I'm off to court today to get WOE. I can't beleive that they haven't paid up the miserable *$?*! Do they really think that I'll just forget about it after all this?

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you go girl they only have 14 days from your court date to pay up i am sure!!! have you had the order from court yet to say you still have judgement? should tell you on that when they have to pay by!!!

 

debbie xx

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Hi All

 

There has been a further development today.

 

Unbelievably DG has written to me to apologise for not attending court on 5th October - apparently there was an 'unfortunate oversight' at their office and they failed to make arrangements to send any one.

 

Even more unbelievably they have written to the court to ask that the Judge consider reinstating their application and appoint a new date for the hearing!! and they have enclosed £40 chq to the court.

 

I am just going to compose a letter to the Judge urging him most strongly to consider reinstating their application and then saying NO, as I really feel they are making a mockery of the whole system.

 

Unbelievable!:x

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