Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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
        • Like

DIY Injuctions, Court Orders, ASBO's


PI Guy

Recommended Posts

Guest 10110001

This is family law and this is a forum discussing consumer law.

 

Go to the court manager, explain your circumstances and ask if you can make a representation before a judge in the family cases division

Link to post
Share on other sites

Does anyone know how much it costs to take out an injunction privately and what is involved? A step by step guide would be useful or a hint to another thread perhaps?

 

But if it not a family law matter then you can do this

 

Your solicitor can apply for you or you can go to your local County Court or Magistrates Court and ask them for forms to apply.

 

 

For some Injunctions you may need to apply to the High Court.

 

 

Some County Courts are allowed to hear High Court cases, they are known as "District Registries of the High Court". You should check with your local County Court whether they can hear High Court cases.

 

 

You will need to make a sworn statement known as an "Affidavit" to explain why you want an injunction. (You can use a statement rather than an Affidavit when applying for a common law injunction).

 

 

Some injunctions can be applied for as an emergency and your opponent need not be at court when you apply for an injunction against them.

 

 

You may have to go to court a second time and this time your opponent will be present to tell their side of the story to the court.

 

 

Some injunctions allow the police to arrest your opponent if he breaks the injunction.

Some injunctions allow the police to arrest your opponent if he breaks the injunction.

 

Not always granted but if it is do the following:

 

1. Make sure the respondent is served the injunction (Court will advise)

2. Make sure you file a copy with the Police that covers the area where the injunction is in force

3. Make sure you have the injunction to hand if you ever need to show it to the Police.

 

If you don't do 2 + 3 they will not arrest and you will think they are useless but they are only protecting their position :-)

 

As to cost - If you use a solicitor can go up to @£1000. Do it privately then it is only the court fees. (Court will tell you how much they are)

 

HTH

 

Regards

 

Mark

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...