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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
      • 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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Bryan Carter What A Coincidence !!!!


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Hi pt2537,

 

Particulars as follows;

 

The claimant claims XXX.XX such sum being part of a debt due under an agreement Number XXXXXX (the Agreement) whereby the defendant agreed to pay the claimant xxxx.xx (The Debt)

 

For the avoidance of doubt in making this claim for part of the debt, the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe to to the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remain outstanding.

 

Signed Bryan Carter

 

And thats it, thanks pt

 

OH REALLY,

 

another Carters special eh?

 

well Mr Carter when are you going to learn that your particulars of claim are UNLAWFUL

 

section 35 of the County Courts Act 1984 makes it unlawful to split the cause of action into two separate claims

 

Have you made a CPR request to them yet? if not its something that needs to be done as a matter of urgency

 

also what time frames are we looking at for your defence?

 

what is the latest it needs to be with the court

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Hi ODC

 

personally i wouldnt bother reporting him to the FOS, they have no teeth,and as far as i can see there is little they could do to carters

 

i would report him to the people who deal with professional conduct of solicitors like the SRA for starters

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