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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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LYNZFA vs NATWEST **WON**


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thanks for that.still havent heard anything yet,how about you gizmo111.gettting a bit sick of waiting,but nothing i can do i suppose

 

Yeah I am getting a bit fed up now - 28 days is the 24th for me so I am expecting to hear in week - I wouldn't be as lucky for them to not issue a defence!

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The 28 days were up for the NatWest on friday but i still havent heard anything.What am i supposed to do now.Have you heard anything yet gizmo.

 

I haven't heard a thing - but haven't had todays post yet. I guess this is the point where you go to court and ask for judgement - if you issued MCOL you can do it on line.

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I haven't heard a thing - but haven't had todays post yet. I guess this is the point where you go to court and ask for judgement - if you issued MCOL you can do it on line.

 

Nothing in todays post - this is so frustrating.

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the 28 days for the reply from the solicitors were up on friday and i still havent heard anything.does anyone know what i am supposed to do next.do i leave it til the end of the week or enter judgement against them.

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I found this matter a little confusing,when I read my acknowledgement from the court it says, the defendant has 28 days from the date of service of the claim form with particulars of claim.

I read this to mean from the date the court served particulars of claim on the bank, am I wrong then?, would really like to be sure about this because the bank filed two acknowledgements, one dated 10th august, the other dated 17th august.

if it is from when the court served the papers on the bank, the time will be up on monday 4th september

CHRIS WATKINS

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i think it is the time from when the courts served the papers.the 28 days are now up on mine and i have had no reply so will be applying for judgement today.Does anyone know what happens after that.as i havent seen anyone else that has had to do this.

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i think it is the time from when the courts served the papers.the 28 days are now up on mine and i have had no reply so will be applying for judgement today.Does anyone know what happens after that.as i havent seen anyone else that has had to do this.

 

You send the baliffs in - My 28 days are up tomorrow so I will be applying for judgement Friday.

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its normally 28 days from when they acknowledged it.

 

It's 28 days from the day the claim was started. 14 if they don't acknowledge.

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it was acknowledged on 25/07 so the 28 days are still up from that date.ill try again today if there is nothing in the post today.have you heard anything yet gizmo

 

No I haven't - my 28 days is up today - ack on 27th can't understand why you can't get judgement, have you spoke to court cos my calculations make your 28 days up 2 days ago - so you should have been able to get a judgement yesterday.

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just been onto mcol.they have filed a defence.they are disputing all the money owed to me.it said i will be notified of the court it will be transferred to.im worried now.what should i do

 

Wait now for a/q. When did they file defence?

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