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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
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    • 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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Self-employed contractor


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that is the joys of contracts, if they dont have an obligation in their original offer of work then they cant claim one now. Counterclaims can also get a full costs order against the person making it if that claim is seen as just a method of trying to dissuade the claimany form continuing rather than actually having any merits. In your case I wouild say that is not an automatic assumption so prepare your evidence on the assumption all ths muck will be raked over

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He is reluctant to proceed now as he says they will do ANYTHING to save a few £££!

 

Looking back through this thread, my son does not appear to have ever had anything other than a verbal contract with the construction company. The Exchequer people act as an agency to pay sub-contractors, and I am not 100% sure that we shouldn't be suing them! I'm going to phone them tomorrow......

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You miss the poinmt, if thye counterclaim it will look like an act of revenge so that would be the best thing to happen under the circumstances as your son would get a costs order as a matter of course.

Contracts can be verbal, the time he was there shows the merits of their rants and do you seriously think that they would be "showing a clean pair of hands" if they di try and use these points in a defence.

 

To me it looks like so many other problems raised on this site by well menaing relatives of friends. the person who is suffering the wrong cant be bothered to do the donkey work themselves for whatever reason and we end up wasting our time and effort. If he wants to keep having muck shovelled on him then that is up to him but bear in mind, if the claim has been issued they will come after him for wasted costs if he then drops the matter because he cant be bothered to go through with it.

The agency doesnt employ him, they are just a payment gateway. By all means name both to begin with but not them on their own. Think about what paid work is and you will see that it is the building co who is the meployer, they decide the hours the where and what is done etc and can say dont come in towmorrow, your are not wanted

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Too much story keep it factual to what you are claiming for.....you can particularise later in the process.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07

 

See 16.2 in the following...

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.2

 

Regards

 

Andy

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Too much story keep it factual to what you are claiming for.....you can particularise later in the process.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07

 

See 16.2 in the following...

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.2

 

Regards

 

Andy

 

Thank you Andy, you're not referring to my revised POC in post 24 though are you?

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Thank you Andy, you're not referring to my revised POC in post 24 though are you?

 

Yes

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Its fine now...when I last looked yesterday it was 6 Paragraphs

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 2 weeks later...

Possibly due to the size of the print, I have now found a self employed contract for services.......

 

4th line down reads "You are obliged to correct any defective work in your own time without payment". My son is still adamant his work was without fault, although is still adamant that the construction co. would go all out to damage him for spite.

Self employed contract.pdf

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That would ony apply if any substandard work was pointed out to him at the time. Inventing a snag list as long as a motorway after the event isnt going to impress anyone.

Dont forget, judges see hundreds of claims a year covering just about any conceivable situation. they can smell bull**** a mile away so a vindictive response will not go down well. If your son is being honest then that will come across in his answesr to questions. any smarta*** or evasive answers will cause the judeg to consider whether the application of the truth to other areas of the case is an issue. Likewise, if they strat going off on one then the same thought will cross the judges mind as I have laid out here. unreasonable or vindictive behaviour equals a hefty costs order but we will cross that bridge when we come to it.

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