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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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MMF & Moriarty Law - Taken me to court - 20th Nov - What can I do?


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Hi all,

 

I was in the payday loan trap back in 2012.

I had loads of payday loans, owing to a gambling addiction.

Pleased to say I am clean now and repaid loads of debt.

 

However, I had a £240 'Peachy' Loan and the debt was sold to Motormile Finance and handled by Moriarty Law.

 

They filed a court claim against me, and I made a CCA request.

They sent some stuff across, but nothing that I had signed.

 

It went to small claims track, but we never got a mediation arranged.

 

The case was then sent to court, with a date for Monday 20th November.

 

I have been terribly busy with work and had some family issues, and booked today off work to compile some form of defence to take with me on Monday.

 

However, I have just seen that I had to file any documents 14 days before court!

I totally did not realise this as not been in this position before.

 

They have said they are not attending court, but placed a case against me.

 

Is there anything at all I can do?

This company was supposedly writing off lots of debt for bad practice.

I am also certain I could have had this wiped out by the FCA due to their lending behaviour (lending increasing amounts when I could not afford).

 

Any help would be much appreciated.

I feel at a loss and feel there is probably no point in even going to court as I will 100% lose now?

 

Just to add, the original loan was £240 and they are claiming £700 now.

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