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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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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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Bought a car off of FaceBook Marketplace


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Hi, good people of CAG, I wonder if you can help me, please.

 

Hi there, I bought a car for Four Thousand five hundred and fifty pounds from a chap on Facebook Marketplace about three weeks ago.

 

At first, it all started pleasantly enough, the seller and I traded details, texts and phone calls.

 

I arranged to meet him at his home address, he wasn't there when I arrived and had to wait about 10 minutes for him to arrive.

 

I drove the car on a test drive around the block in the dark, he had the radio on masking any sound, we took it into a garage which had "some" light. I looked at the car and it seemed perfect, too perfect. I have read that having background music on masks any noise, thus covering up any car issues.

 

We traded details again, phone numbers etc and said that yes, I was definitely interested.

 

We traded texts and I said that I was going to try and get the money together. He then tried to hurry my decision by saying that there were others interested even though I said that I was.

 

Anyhow, I went with my wife to pick the car up on Sunday (6th Jan) We had to wait for him again, about 10 minutes and the car wasn't at his home address. He arrived and my wife transferred the money into his account. We started filling out the log book for the change of owners and he started saying ok let's do this all online so we did. We changed the owner details online there and then which I was a little odd.

 

We then signed a bit of paper saying that the car had no warranty and sold as seen which again was a bit odd but the money had already been transferred at that point.

 

The Engine Management light was on when I drove the car home, I didn't think that much of it as I've had cars where the management light has come on and it was because of a faulty spark plug or something like that.

 

The next day (Monday 7th) I took it to my local garage around the corner from me where I have all of my servicing and MOT's done and I trust them.

 

I asked them to check what the Management Light Fault was.

 

I had a phone call later on in the day giving me some very disturbing news indeed.

 

They ran some diagnostic tests on it and the fault which came up was a problem with the Automatic DSG gearbox and was told would cost upwards of 2k to repair. If the Mechatronic unit is faulty then again you are looking at upwards of 2K, if they have both gone then goodnight.

 

There was also a problem with a wheel bearing at the back, the bulb in daytime lights had gone and the tyres were close to worn on the back.

 

Needless to say, I was fuming, I tried to ring the seller, I sent him messages.... nothing.

 

I then spoke to Citizens Advice who told me to write a letter saying that he was breaching conditions and that you were rejecting the car. wait for 14 days.

 

I sent two letters, one to the address he gave (home address) and one to the "business" address (see below)

 

I sent them Special Delivery so that I could track them (as advised by Citizens Advice) the one sent to his home address wasn't read but the one at his business address was signed for by him Mr Bhatti.

 

I constantly phoned him, left messages on his phone and through texts but he ignored all communication. I Finally tracked him through WhatsApp, he still denied all knowledge of the faults but he didn't answer all of the other questions I put to him, he said he broke his phone and it was being repaired, that's why he didn't respond. He said that it's all my fault and I should have checked the car thoroughly.

 

This was a Private sale but I have since found out that the seller is a director of a company which sells used cars and light vehicles. This I think is the reason he always turned up 10 minutes later as his “office” is around the corner.

 

I have a messenger chat where he told me that there were no problems with the car and the car drove well and the mileage was motorway miles.

 

The previous owner I was told was an old man who drove the car locally who kept it in the garage. The car is immaculate so who was I to doubt that. This was, in fact, a complete lie.

 

It emerges that the old man is, in fact, a minicab driver registered to drive for Basingstoke Council.

 

The owners before him were ERAC UK Ltd who are a Car rental firm in Aldershot. This means that the car would have been driven by anyone and in all different manners.

 

These are Two things that would have affected my decision to purchase the car which he should have told me about.

 

I also have photographic evidence that he does have other cars for sale on Facebook Messenger.

 

The yellow "trader" slip is missing from the V5 log book so this is another abnormally.

 

I also found out through the Internet that he and his brother were charged back in 2007 with handling stolen mobile phones from a shop he worked in so it proves he is a dishonest person.

 

I also joined Which Legal and we are now into the third week after sending my second letter about taking the matter to court, which I can't really afford to do and can't really get the time off of work.

 

I now find out that he has resigned as a director of the “said” company so that’s a bit odd too.

 

Do I have anything here or am I wasting my time or do I give it to one of those "ill buy it.com" places for a reduced amount and cut my losses?

 

Thanks in advance.

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You've got a good case. You bought the car from a trader – and apparently a limited liability company which specialises in used cars. You are complaining within 30 days and you should let them know in writing that you are asserting your short-term right to reject under the consumer rights act and you want a complete refund.

 

You can then sue them in the county court if you want.

 

Of course the problem will be how to enforce the judgement. Unless you can identify the premises and the stock that they have, then frankly I think you're going to have a lot of difficulty.

 

If you issue the claim, it would take about 18 days before the claim arrived at the defendant's address. They would then have anything up to 28 days to file a defence. If there was a hearing then that could take another few months. If they didn't follow defence then you could file for a judgement straightaway but that would take probably 2 to 3 weeks to arrive and then you would have to put in the HCEO but of course they could arrive at the premises and find that there was nothing there to enforce against. If a defence was entered then you could end up with a hearing a few months away and if you then obtained a judgement, you would still be left with the same problem of enforcing the judgement but by that time there would be even more of an opportunity for the defendant to do a runner.

 

You're not even able to claim against a finance company because you paid cash – by bank transfer – pretty well the most dangerous way to pay for any kind of item – especially a high-value second-hand car.

 

You will have to make your mind up.

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