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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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Enforcing an FOS's Final Decision at County Court using Form N332A***Resolved***


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Many thanks for the update.....if the court has already served the order why do you wish to send a further copy ?

We could do with some help from you.

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Why do you need to wait 14 days? Is there some rule or is that what is written on the order?

 

Yes, you should go through the transfer up procedure as soon as you can. Most HCEO do a no win no fee basis and charge you a basic £60 or so. However do double check that this is the deal because there may be one or two is still will try to reclaim fees from you if the enforcement fails. Enforcement fees are extremely expensive – possibly a couple of thousand pounds.

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Thank you for your usual quick replies and advice:

 

1. There's no payment deadline given on the Order, but from the mentioned Debt Camel article: "You will get a judgment order back from the court, headed Order for recovery of award. Send the firm a copy of it and ask them to pay you the amount it says, which now includes the court fee you have paid. If they don’t do that within 14 days, you can then bailiffs".

 

2. I was considering writing to the CEO of the business by email to ensure they received the Order from the County Court, so they cannot claim they haven't received it and also give them a last chance for payment without them accruing further and substantial costs. Also it would be easier for me if thy just paid so that I don't have further troubles, but somehow I don't think thy will just pay up without a fight......

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I suppose there no harm emailing them a further copy....in case they say they didnt get the courts copy.

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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It does help alot.

 

I got the same case which is lloyds insurance ( lloyds bank group), had emailed to António Horta Osório, however, he passed it to the another executive complaint manager with no-sense which she asked me talking to FOS, not them.

 

I just wanted to update you of progress of my above query:

 

I contacted a solicitor, but he concluded, after I have been chasing and reminding him and his office many times over one month, "that it would not be cost effective for me to use his services"! I therefore went back to the Central London County Court to enquire how I could make the £44 court fee payment, considering I don't know anybody in the UK and I therefore need to make the payment from Denmark. Fortunately I did get contact to a very helpful and persistent officer at the Correspondence Team of the Central London County Court, and after much writing back and forth over several weeks, he contacted their foreign payment office in person and was told it was possible to make the payment using an international bank draft for £44.

 

Then, after chasing my Danish bank, the bank draft was posted to the Court and I could thus resend my N322A application to the court together with my Final Decision of the Financial Ombudsman Services and all other supporting document, including my calculation of 8% accrued interest. Surprisingly, after a few days I received by email and post my "N322 Order for Recovery of Reward" dated 28 January 2019" which has been before a District Judge. The Order has also been sent to the business by post.

 

Now, I assume the business owing me money has 14 days to make the payment to me and if nothing happens I will have to lift my Court Order to the High Court using a High Court Enforcement Office and a private Enforcement Service company/baliffs? I have seen there's a £66 fee for this service, but otherwise no other fees if the business pays up? I also wonder if I should contact the business and advice them of the Court Order?

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Its irrelevant which County Court it is..the process is the same for all County Courts.

We could do with some help from you.

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  • 3 weeks later...

Heres an update: I did not contact the debtor, Abshire-Smith Global, but contacted instead a private enforcement services company/HCEO (I discovered from the media and Company House, that the debtor company is being dissolved in March 2019). After I paid the £66 court fee the enforcement company acted very quickly and obtained the High Court Writ of Control. The Writ was sent to the debtor on 8 February, and after the 10 days compliance period, with no response from the debtor, the Enforcement Agent yesterday visited their Head Office and Trading Office addresses in London, but the debtor company, Abshire-Smith Global Ltd., are not found at any af the addresses, even though the web page is still active http://www.abshire-smith.com/ :-(.

 

I now hope the enforcement company can trace the company in order the retrieve the debt. Otherwise I will have to try to apply the FSCS (Financial Services Compensation Scheme) thru the Financial Ombudsman Services?

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I'm sure there is a way that you can lodge an objection to the dissolution – although somebody else will have to come on here and tell us how to do it.

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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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Thank you for all your help. The company has now paid their debt to me, after 4 years of struggle,  as well as substantial fees to the enforcement company and further interest. The Enforcement company managed to trace the residence of the Director, it helped.

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Delighted for you and pleased you have managed to resolve this.

Thread title updated to reflect the outcome.

Please consider making a Donation to the forum so we can continue to advise others.

Well done 

Andy

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • AndyOrch changed the title to Enforcing an FOS's Final Decision at County Court using Form N332A***Resolved***
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