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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.

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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.
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      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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Court date set to hear case to lift Stay..??


urbankato

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Hi all, I'm hoping someone could give some advice or tell me about a similar situation that's happened to them...

 

After going through the whole process of reclaiming my charges and then being told that i would have to wait until the 'Test' case i decided to appeal against the stay that was granted by the court in question.

 

I (with the help of a friend going through the same thing and some templates from consumer action group web site) put together a very good argument as to why the seemingly automatic decision that was made to stay my case was wrong.

 

I've now received a letter from the court saying that they have offered me a 30 minute hearing to decide whether or not the stay should be lifted..

 

To be honest, i thought the court would make a decision about this without a hearing and then get back to me with a yes or no answer so this has thrown me a bit.. can anyone offer any advice on the best way to act now or describe a similar situation so that i know roughly what might happen?

 

BTW This is relating to a claim against HSBC which is why I've posted this in this section..

 

Thanks.

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any questions just ask, quite a few of us have been through this recently :)

 

pete

 

I suppose the obvious question's are in anybody's experience is this hearing taken seriously by the banks? are they likely to even turn up or has anyone had a settlement before or just after this hearing (depending on whether the court ruled in the defendants favour or not).

 

I realise everyone's case is different but any insight would be appreciated :)

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I suppose the obvious question's are in anybody's experience is this hearing taken seriously by the banks? are they likely to even turn up or has anyone had a settlement before or just after this hearing (depending on whether the court ruled in the defendants favour or not).

 

I realise everyone's case is different but any insight would be appreciated :)

 

 

So far and Pete will correct me if I am wrong, we have had shows at all of these hearings, mainly in person whilst mine was via telephone. The banks come prepared with their usual rubbish and it has been down to us to try to sway the judge...most have failed, but I managed an adjornment, but that is as good as a fail really. The court test case is just over a month away and most judge's are not very interested in taking a stance and merely fobbing us off with "wait and see what happens next..."

 

Penfold

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So far and Pete will correct me if I am wrong, we have had shows at all of these hearings, mainly in person whilst mine was via telephone. The banks come prepared with their usual rubbish and it has been down to us to try to sway the judge...most have failed, but I managed an adjornment, but that is as good as a fail really. The court test case is just over a month away and most judge's are not very interested in taking a stance and merely fobbing us off with "wait and see what happens next..."

 

Penfold

 

Thanks for the reply Penfold, it's not sounding very promising then but i shall give it a good go!

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I also have a stay hearing but recently lost my driving licence for speeding - can anyone advising if I can apply to have the hearing over the phone ?

 

Thanks

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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I also have a stay hearing but recently lost my driving licence for speeding - can anyone advising if I can apply to have the hearing over the phone ?

 

Thanks

 

I guess you could write and request a telephone hearing, however, I would have preferred a face to face one...Is it not at your local court anyway?

 

Thanks,

 

Penfold

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