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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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No stays in Scotland


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It all depends how desperate you are to have the cash. If you can wait until Jan it will be easier claiming it all in one fell swoop best of luck anyway. I am presently doing a summary action on behalf of my son who can't wait for the cash:D !!!!!

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  • 11 months later...

to follow the above I used areport from the Govan Law Centre.

item 2 The general rule established fronm the case of Clydesdale Bank v D&H Cohen, 1943 SC244 is that itm is improper to sist a case pending t5he outcome of a similar one until the pleadings in both actions have been fully adjusted (i.e. finalised and closed). This decision haqs been upheld by the Inner House of the Court of Session and is therefore binding across Scotland. Hope this helps. You can check the Govan Law Centre website. Best of luck for you on the 9th. Don't worry about going before a judge. it is quite easy and they are there to help but not to give you legal advice. Let me know if I can be of further help:)

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The judge did not tell me I could not use the example of the Cohen case. When the sol tried to use the the excuse that the OFT case might be settled I said that the case could be appealed and on to a higher court and eventually on the the european courts which could take years. That could be why the sists were refused. I would not ask for a timescale that would mean I was going along with the sist. I also used the hardship case and so far it worked I am now going to court on the 5th.Nov for what I hope will be the final time The reason it was not settled the last time was my fault not having sent the proof etc. two weeks before the hearing. I will be ready this time!!!;)

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Yes use whatever you can. But if you are in a hardship situation definately use that. you can also use my situation having sists refused in perth Sheriff court on three occasions against BOS. I can't think of anything else at the moment. Best of luck. Let me know how you get on.;) Don't worry about the judge or if RBS has a lawyer present. I had one complete with wig on the five times i went against BOS. it is costin BOS much more paying a lawyer than what I am claiming of it is only £2500 plus expenses:D

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Now you know what it is like going to court:) Not that bad? you will be easier the next time its a pity that that will not be until Dec. I had a similar situation in one of my many runs to court and you are right it did help getting my sist refused.:D

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