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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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HFC/Restons/Charging Order - ***ORDER REMOVED***WON***


Satterthwaite
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congratulations

 

 

do i read this story right?

 

the reason you managed to get the set aside was a foolish move to assign the debt after the ccj and charging order were in place?

 

so if you had just made the set aside application and they hadnt done this you would have had a job due to the time elapse?

 

have i got that right

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Hi satterwaite!

That is great to know that there is no time limit to apply for a set aside as i was always worried there might be and if any of my cases go pear shaped and i ever get a pro bank court and a ccj made against me it is great i can appeal for a set aside anytime after case :)

 

a note of caution here.............

 

as a GENERAL rule it is an enormous uphill climb to get these set aside even after just a couple of months delay- so although this was a great success story it is in fact rare

 

not trying to deflate anyone but to keep expectations realistc- there has to be very extenuating circumstances and you should not just assume that there is "no time limit" because "in practice" there is!!

 

it is important to check your credit files regularly whilst you are negotiating your outstanding debts and i would certainly recommend every three months at the latest if some or your debts go back to previous addresses

 

NOT ONLINE - many of the sites directing you to free credit file reports on line are actually designed to seek you out and to log as much information about you as possible

 

always go the snail mail route to equifax experian and callcredit at 2 quid each a go.

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