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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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Re: Help please - can i remove stay for hardship?


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Hi there

I would like some advice on where to go, as i am a little stuck.

 

Background;

Decided to apply for refund in March from LTSB, and have gone through the usual process, without help so far as i have been fairly confident of what was needed to do.

 

I have 2 problems at the moment with this.

1. My account is with collections, and they have been pursuing me to clear this debt (90% made up of charges). it got sent to BCW, who i dealt with quickly, and it got sent back to collections

Question on this is, if a stay goes ahead, can they continue to pursue me?

Can i use this as a reason for a stay not being placed on my claim?

 

2. Can i use hardship as a reason for a potential stay being removed?

i have over the last year had some financial difficulties - resulting in high mortgage arrears and council tax being passed to bailiffs (CC sorted now).

mortgage is not however. i have a posession order on the property, subject to me paying very high payments to mortgage. the posession order was gained in the same court i am claiming against LTSB.

would this be a good enough reason to get the stay removed?

 

hope someone can help.

thanks...

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If you go to my thread in A&L successes you will see a post where I extracted part of the FSA statement - or you can find it on the internet where you will see that as part of the agreement for waiver the banks agreed to filter through hardship cases it is the best reason for lifting a stay

icon1.gifThe Stay - Here is the application grounds for the removal of the stay

 

 

Please read all the threads in this section and if you decide to go ahead I suggest you have to be prepared to have a hearing about the stay and plead your case - but also maybe highlight this statement and send it o the bank with any correspondence.

 

If the stay is at the courts initiative you may be exempt fro paying the fee.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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