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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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midge61 v argos card ***WON***


midge61
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  • 3 weeks later...

You're very generous!!!! I have filled in the small form requesting the baliffs to attend a different company and I had a letter within a week from the court telling me when the baliffs letter had gone out. Exemption/remission applies for this too. I think it is too bad if they ignore the courts judgment as it is putting 2 fingers up to the legal system. Don't know if it was useful but I gave the court 3 copies of amended spreadsheet for the day I filed at court for baliffs.

 

It does make one smile though I agree that these companies will have a ccj for 7 years but I suspect it dosn't work like that. If we settle a ccj we can pay and have it set aside so I suppose it works like that for all cases.

 

 

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  • 2 weeks later...

My understanding is that they are contacted by the balliffs and it takes 4 weeks for them to respond positively (sending you your money). The bad news I have been told my the court is that the interest is frozen from the day you applied for the warrant - most unfair I think. After that 4 weeks I assume the balliffs arrange to go in and remove goods. These then have to be sold and THEN WE GET OUR MONEY. This is obviously the worse case senario. It still amuses me (just a little) that they can have a ccj against them.

 

Have you thought about complaining to the OFT that Argos are not proper persons to hold a consumer credit licence. Just a thought.........

 

 

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It must vary from one court to another then. BUM!!!! Postman has brought me nothing good today. Do hope you get a settlement soon. In my Argos posting I did put the 'phone number of their legal bod. Will look it up and post here in a mo. When I called her she was most helpful (only 'cos she was being wrong-footed).

 

Gillian Macey (legal advisor) direct number (01908 600901).

Edited by sallysas
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Hi

 

Today I recieved a copy of a letter sent to the court by Gillian Macey. The letter is dated 12th Sept.

 

She says that on 24th Aug they recieved a letter from me including copy of judgement. She says that although there has been some correspondence from me previously there is no trace of any letters from the court at all.

 

She also says that they sent me a cheque on the 11th Sept to settle the judgement (not recieved by me yet!)and asks the court to set aside judgement and discontinue the claim.

 

This letter has managed to get here within one day so why not the cheque?

 

will wait to see what the postie brings on Mon.

 

What happens about the £55 I paid the other day for the warrant? Can I contact Ms Macey and ask for them to reimburse me?

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congratulations.

 

You've managed to pip me to the post. Creation sent cheque to court also and I'm still waiting for it to arrive here.

 

Have you still got that warm glowing feeling inside :cool::cool: It's worth it in the end then, enjoy spending it.

 

 

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