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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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Corresponding with PPCs


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I always send any important post either special or recorded delivery - you get proof that way of receipt.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Would you send replies to PPCs recorded? The proson, I am looking into the for is literally watching their pennies. My only concern is, knowing the lying [problem] we up against, PPC will just deny ever receiving it. Cheers in advance!

waste of time stamp money they will just ignore it

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No, it's not a waste because if you ever need to prove anything in court, you would have the receipt.

 

It is always important to have a paper trail and to be able to show documents were received, whether they are ignored or not.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thank you. Now, just noticed the sneaky b****rds only gave a PO Box address on their invoice - registered or recorded will not be accepted by Post Offic if it's a PO Box address. Need to find where this PPC is actually based and send it to their actual office.

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They can - although they need to be collected with a set time.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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In any subsequent Court action the Judge would only look to confirm that the Plaintiff had made reasonable attempts to contact the Defendant and given notice before any Court action. The Defendant is not obliged to reply to unsolicited demands for payment before any Court Hearing.

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as i said no point wasting your money you cannot be forced to pay an unenforceable invioce fact.the only thing you owe them is for there loss.which if its a free car park its zero if its a 1.00 a hour and you overstay a hour or do not pay for the hour you are there you owe them a 1.00.anything else is a penalty. NOT ALLOWED IN CONTRACT LAW checkout legal petes sticker its all there

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It is a free shopping centre car park. The person's car wheel was over parking box line. It is a total [problem], I checked their signage and in my opinion it is designed NOT to be visible, but that's a longer argument then the one I am pusuing. I want help that person to get out of it as they take it a bit more serious rather then for what it is - Dutch lottery, so popular in the 90's.

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Up to your friend, of course, but I've found it prudent to always ensure i can back up everything.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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as i said no point wasting your money you cannot be forced to pay an unenforceable invioce fact.the only thing you owe them is for there loss.which if its a free car park its zero if its a 1.00 a hour and you overstay a hour or do not pay for the hour you are there you owe them a 1.00.anything else is a penalty. NOT ALLOWED IN CONTRACT LAW checkout legal petes sticker its all there

 

Untrue, they can also claim enforcement costs and consequential losses.

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Would you send replies to PPCs recorded? The proson, I am looking into the for is literally watching their pennies. My only concern is, knowing the lying [problem] we up against, PPC will just deny ever receiving it. Cheers in advance!

 

Personally I would not entertain PPC's with any corrispondance other that of answering to a bonified court summonds for the following reasons:

 

1) They have written to you as the RK and not the driver - their first failure in their attempt to prove a contract exists.

 

2) None of the corrispondance they send are recorded and therefore they have no proof of delivery to show a court.

 

3) By responding, you only prove that you exist and simply encorages them to persue you more.

 

4) The game they play, is that of intimidation - no corrispondance from them is designed to correct an incorrectly issues invoice - their only agender is to extract as much money as possible form you with the least amount effort - sending threatening letters serves this purpous excellently!

 

5) In entering into a 'dialogue' with these types only adds to a very stressful situation - ignoring is by far an easier and less stressful option in my view.

 

As a last point - if I ever (and I'm quite looking forward to it in a funny way) go to court to face a PPC - I will be delivering by hand to the PPC, in front of the Judge, a letter. It will be along the lines of the following:

 

By reading this letter you agree to enter into a contract with me and agree to pay me immediatly the sum of £10000 in compensation of all the stress and anguish caused by these proceeding. The sum of £10000 will allow me to take a very nice luxury holiday where I can relax and forget about everything your company has put me through over the last 'XX' months in alledging that a contract existed between me as the RK and the landowner and having suffered continued harrasment in your relentless persuit of monies alledgedly owed.

 

This I think sums up well the question of contract law that the PPC's are reliant on in winning any case in court.

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Personally I would not entertain PPC's with any corrispondance other that of answering to a bonified court summonds for the following reasons:

 

1) They have written to you as the RK and not the driver - their first failure in their attempt to prove a contract exists.

 

2) None of the corrispondance they send are recorded and therefore they have no proof of delivery to show a court.

 

3) By responding, you only prove that you exist and simply encorages them to persue you more.

 

4) The game they play, is that of intimidation - no corrispondance from them is designed to correct an incorrectly issues invoice - their only agender is to extract as much money as possible form you with the least amount effort - sending threatening letters serves this purpous excellently!

 

5) In entering into a 'dialogue' with these types only adds to a very stressful situation - ignoring is by far an easier and less stressful option in my view.

 

As a last point - if I ever (and I'm quite looking forward to it in a funny way) go to court to face a PPC - I will be delivering by hand to the PPC, in front of the Judge, a letter. It will be along the lines of the following:

 

By reading this letter you agree to enter into a contract with me and agree to pay me immediatly the sum of £10000 in compensation of all the stress and anguish caused by these proceeding. The sum of £10000 will allow me to take a very nice luxury holiday where I can relax and forget about everything your company has put me through over the last 'XX' months in alledging that a contract existed between me as the RK and the landowner and having suffered continued harrasment in your relentless persuit of monies alledgedly owed.

 

This I think sums up well the question of contract law that the PPC's are reliant on in winning any case in court.

thanyou im glad someone else knows how there [problem] works
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Personally I would not entertain PPC's with any corrispondance other that of answering to a bonified court summonds for the following reasons:

 

1) They have written to you as the RK and not the driver - their first failure in their attempt to prove a contract exists.

 

2) None of the corrispondance they send are recorded and therefore they have no proof of delivery to show a court.

 

3) By responding, you only prove that you exist and simply encorages them to persue you more.

 

4) The game they play, is that of intimidation - no corrispondance from them is designed to correct an incorrectly issues invoice - their only agender is to extract as much money as possible form you with the least amount effort - sending threatening letters serves this purpous excellently!

 

5) In entering into a 'dialogue' with these types only adds to a very stressful situation - ignoring is by far an easier and less stressful option in my view.

 

As a last point - if I ever (and I'm quite looking forward to it in a funny way) go to court to face a PPC - I will be delivering by hand to the PPC, in front of the Judge, a letter. It will be along the lines of the following:

 

By reading this letter you agree to enter into a contract with me and agree to pay me immediatly the sum of £10000 in compensation of all the stress and anguish caused by these proceeding. The sum of £10000 will allow me to take a very nice luxury holiday where I can relax and forget about everything your company has put me through over the last 'XX' months in alledging that a contract existed between me as the RK and the landowner and having suffered continued harrasment in your relentless persuit of monies alledgedly owed.

 

This I think sums up well the question of contract law that the PPC's are reliant on in winning any case in court.

 

 

Up to you but personally I think that your approach will undermine your position.

 

The template letters in the stickies have been carefully crafted to seek information which the PPC will need to produce in court to substantiate their claim.

 

To my knowledge no one using these templates has had this information provided to them.

 

The templates are also designed to show that a reasonable approach has been taken in the matter. Following them will mean that the motorist remains in control and stress can be minimised.

 

There is a disadvantage in them that the motorist could be regarded as a "fish on the hook" but that is where the "cease and desist" letter comes in. In my view the benefits of using the templates outweigh the disadvantages.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I would concur - I would never advise ignoring this sort of thing because you never know when that could bite you on the bum - always better to be able to prove you acted decently.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thank you. Now, just noticed the sneaky b****rds only gave a PO Box address on their invoice - registered or recorded will not be accepted by Post Offic if it's a PO Box address. Need to find where this PPC is actually based and send it to their actual office.

 

Remember that PO Boxes are not confidential. The Post Office should give you the name and address of the Box holder

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I'm with Bernie on this one [most of the time], using the templates does give added protection [it's more fun as well]. The only proviso is that there are certain companies which are just so unreasonable that ignoring does not add any significant risk.

 

UK PAO & UKCPS spring to mind, they both try to insist that adding £3 / day to a £60 charge is a reasonable thing to do, "liquidated damages" they call it. When a company does something so blatantly indefensible from the off, the normal precautions are simply not necessary.

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