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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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Please Help Stay Put On By Judge


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:confused: Please can someone give me some direction i received below

IT IS ORDERED THAT His honour Judge etc..

siting at teeside combined court center consider ed the papers in this case and upon it appearing that the issues in this claim are identical to those likely to be the subject of proceedings in the commercial court between the office of fair trading and certain financial institutions ("the test cases") pursuant to an agreement made on 25th July 2007.

 

Ordered that:

 

1) This claim is stayed until on calendar month after final judgment in the test cases (including appeal) or 31st Oct 2008, whichever be the soonest.

 

2) Either party may upon notice to the other party apply to lift the stay at any stage up to the earliest of the two dates provided for in para 1 above

 

3)If no application is made to lift the stay or seek further directions before the earliest of the dates provided for in para 1 above, the claim shall stand dismissed without further order:

 

4) Because this order has been made by a court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 14days of this service order.

 

Dated 06th Sept 2007

 

Can anyone please give me some direction please??????

Thanks Loz xxx

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Basically you have two choices. 1. do nothing and wait

2. Apply to have stay set aside.

 

If you choose option 2 then you will need to file form N244 Application. You will have to give the Judge reason why, hardship is prob best, but you will have to prove hardship to the judge. It will cost you £35 to file for judge to reconsider, or £65 for hearing, You do not have to pay these fees if you are on certain benefits, (the same ones that apply to N1) lots of people are applying to have stays set aside, myself among them. As judge imposed your stay then you are probably best asking for a hearing, as I doubt that he /she is going to change mind unless they have to tell you face to face, and you will prob be like me and prefer to put your case verbally.

 

read through some threads to see how others are approaching this. good luck.

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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hadyanth vs Lloyds TSB - Goodbye fingernails...

 

Also worth putting the name of your court in as an advanced search on the site - you may come up with some previous cases to see if they are sympathetic to claimants or banks

 

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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