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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
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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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Re Company Won't Pay Up !


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Hi all , I have done some work as an IT consultant for a company and have been working for them for quite some time and now they are refusing to pay me , they say that I have not sent them back some parts for computers that were not needed for jobs , I have sent them back through their couriers and some of the parts that were in a consignment have been accepted so obviously they have them and now I want to put a claim in court for the outstanding amount of nearly £5000 can someone please help me with particulars of claim as i don't know what to put on here please help as I have sent them numerous letters and they just won't pay up and I really need the cash , help anyone please

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I have sent them back through their couriers and some of the parts that were in a consignment have been accepted so obviously they have them
Do you mean some or all, if not what about the rest? In other words, could they be using this as an excuse to paying.
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No they have got some of the parts sent back via their courirers and are saying they have not got rest of parts but they were all in same package so I know they have got all of them and are just using it as an excuse , they were sent via UPS and I asked for a receipt for them but the driver only had an electronic thing to sign and wouldn't give me anything else

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You should file for the monies that you are owed.The particulars of claim should not be too difficult..basically you are seeking payment of monies owed to you for services that you provided.It will be your responsibility to clearly show that they owe you this money.Is there any supporting docs ? ie written agreements etc.

They will be given the opportunity to respond when they file acknowledgement.Usually in disputes such as this the defendants will counterclaim for the amount they are in dispute with.

I am sure that you can get a copy of the electronic sig that was taken on collection from UPS.You should start to get all your evidence together.It may be possible for you to show some proof of sending everything back by demonstrating the weight of the returns. (Though difficult if there was a lot of small items ).

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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