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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 
      • 81 replies
    • 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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I've got judgement by default - For the second time !!!**WON**


Blossomandebony
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This might help;

 

Debt Factsheets - How to set aside a Judgment in the County Court

 

Looks like a formality to me, then... :o

 

On the other hand Car, is this not aimed at us the LIP people (Litigants in person) and not big Companies who are well aware of the Law and the ways to respond to the Courts?

 

I cannot see how a Credit Card/ or Bank can say " we can defend this..." be allowed to set aside when they made no effort to respond to the Court or the Claimant? I believe that if you can show the Court at any set aside hearing that you have made every effort to contact and resolve the claim then surely they cannot grant such an application? That's why records of letters and phone calls are very important...

 

My opinion obviously...

 

Penfold

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Personally I say bring it on...How can they have the audacity to use such tactics, I would seriously say to the Judge "forgive my bluntness, but are we all that naive your honour? Surely you can see they are wasting our time..."

 

I have Amber by the boll*cks and am waiting for them to try this...

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/112345-penfold-amber-home-loans.html

 

I will have them at the hearing I promise...

 

Penfold

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  • 2 weeks later...

Sorry to hear that BAE,

 

But it is noever easy to get your point across if not there yourself. Still however bored you are with the process remember you can now add further costs and interst....

 

I know it is not what you wanted to hear, but you still have the upper hand and they cannot delay anymore now...

 

Penfold

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LOL I love that: "And from what the 'litigation department' of the defendant has told me, they're set to defend with all guns blazing. " and they could not send back a defence why? LOL Bless them, they are all at it now. Then two days before the hearing "actually we'll settle"

 

Keep us informed,

 

Penfold

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  • 1 month later...
  • 1 month later...

Hi BAE,

 

Could you pm me a copy of what you sent as you know I am in a similar situation and will prob need to do the same...They have till tomorrow 4pm to file and serve their defence and I want something ready in either case...

 

Thanks,

 

Penfold

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absolutely mate...also I have also offered them £2k to settle rather than the judgment of £3.5K so hopefully they will see sense and settle to avoid further costs and wasting a whole load of time...but then what do we know eh?

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