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      If you are buying a used car – you need to read this survival guide.
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      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Capquest/HL - claimform Cap1 debt *OH gave in £30PCM*

rogermeard

By rogermeard
in Capital One

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DonkeyB

DonkeyB

Posted
Posted

Rogermeard, you're obviously keen to keep the ID of the OC and DCA quiet to prevent them snooping, but can you tell us more about the documents you have actually received and what the possible 'tampering' issues are? For example, have they sent an application form and claimed it represents a CCA? Have they generated Notices of Assignment themseves on behalf of the OC? Are they backdating documents to fit their claim?

 

More info would be truly useful if you are to get the help you really need - and you will get it here.

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DonkeyB

DonkeyB

Posted
Posted

Without seeing the docs, I tend to agree with Bankfodder. You can only plead on the facts, ie. that the documents are either incorrectly served or improperly constructed. While you can highlight discrepancies to evidence this, you'd be well advised to leave interpretation of these facts open, and not to make allegations that might be difficult to prove.

 

You mention a deed of assignment - is it actually a deed, rather than a notice?

 

Wish we knew who the b*ggers were - I hope you've scanned other threads about them to learn their modus operandum.

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DonkeyB

DonkeyB

Posted
Posted

Rogermeard, it's very hard to keep it simple when we can't be sure what the specific issues are in relation to specific documents. Is there any way you could redact the information to exclude names etc and post them up? You may have to risk identifying the OC and DCA to get the advice and defence you need. Otherwise everyone is just guessing.

 

While these people may pick up on your postings, there's little they can do if the documents are invalid in any way, and you don't libel them. Perhaps edit your posts and use 'allegedly' a lot. It's absolutely essential that any defence is prepared for you based on the fullest facts available.

 

The experts on here really know their stuff, so maybe you need to take the bull by the horns and get posting. The only real alternative is to seek legal advice which, to be honest, may not match up to the advice you will get here. There are qualified solicitors on here as well as law undergrads and extremely knowledgable laymen.

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DonkeyB

DonkeyB

Posted
Posted

What 42man and Bubblecat have posted is a great start - it gives a structure you can work the facts into and also puts the onus on the claimant to provide information. You're moving...

 

The fact that they keep offering low settlements is a good indicator they have a weak case.

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DonkeyB

DonkeyB

Posted
Posted

The CPR request goes to the claimant as soon as possible; the other document is a basis for the specific defence you will file to the court. Its content will depend on the response to the CPR request, so hold fire on this. Hope the frustration is easing!

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DonkeyB

DonkeyB

Posted
Posted

Deja vu - another instance of the claimant sending your CPR request in on your behalf as a defence? Frantically searching for the relevant threads - don't panic Roger, seen this before. Hold on there...

 

 

Who is claimant's solicitor?

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DonkeyB

DonkeyB

Posted
Posted (edited)

Hold on, there are other threads where this has happened - I don't think it's accidental. It may be a cynical attempt to do you over. Hang in there while I search for it. If it's the same people, we have a bit of fun on our hands :mad:

 

Roger, I need to know the solicitor, even if you have to PM me - this is important.

Edited by DonkeyB
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DonkeyB

DonkeyB

Posted
Posted (edited)

Roger, I have PMed you the thread. They are trying to stitch you - it has been done it before. If you let me post it here, you will really get some amazing help. This is f***ing outrageous. It is NOT an accident.

Edited by DonkeyB
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DonkeyB

DonkeyB

Posted
Posted

Here we go.

 

Start at post 118.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166301-received-letter-northampton-court-6.html

 

surfaceagent suggested in this thread that you have to tread carefully as it may be a genuine mistake. You might think that, but I couldn't possibly comment.

 

I think this marks a very worrying development.

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DonkeyB

DonkeyB

Posted
Posted

A quick summary: rogermeard sent his CPR31.14 request to the claimant's solicitor, and the solicitor appears to have forwarded this to the court as his defence. Points:

 

1. Has the solicitor pretended to be rogermeard to the court?

2. Why have they done this?

3. Have they done this before?

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DonkeyB

DonkeyB

Posted
Posted

Roger, don't panic - I've alerted PT and 42man to this, and I've reactivated the similar thread, so hopefully we'll soon have the heavyweights wading in with excellent advice. What we have here is clearly not on, and it seems like an attempt at abusing the system. Once is a mistake, twice a coinceidence, but three times? And that's all we know about. Hang fire and stay cool. You'll be well looked after.

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DonkeyB

DonkeyB

Posted
Posted

Thanks 42man, I was sure there was another identical case out there - that's the third. Have PM'd dazza to see where he's at. You'll see from dazza's thread that he had some difficulty overcoming the bureaucracy of the courts, even though someone else submitted a 'defence' on his behalf.

 

The solicitors need some serious b*llockings for this - as do their client - I'm still struggling to believe it! Once we sort the proper or holding defence then it's worth getting an awful lot of complaints in.

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DonkeyB

DonkeyB

Posted
Posted
Update............

 

Spoke to the Court Centre today who said they would look into it and call me back.....which they actually did surprisingly.

 

The woman (didn't think to get her name) confirmed that the court has a copy of the CPR 31.14 i sent to the claimants solicitors, she also confirmed that it has a letter attached requesting that the court accept our letter(CPR) as our defence?????????:evil:

 

She then said after i pointed out we did not send any defence etc that we can still add/submit to our defence as its still within time scale.

 

 

I have still not had a reply to my CPR 31.14 from the claimants solicitors and we sent that 10 days ago recorded delivery.

 

Also thank you all for contributing and helping with my problem.

 

This has them very firmly by the short and curlies I would think. Sounds like a complaint needs to be made immediately - ScabHunter, can you advise? Did she say if the letter was from HL, or did it appear to be from you?

 

Any chance of you getting a copy of that letter? This is outrageous!

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DonkeyB

DonkeyB

Posted
Posted

Have a look through the threads 42man has posted above. There are some examples of 'embarrassed' defences in there, which basically say you've asked for the justification for the claim by way of evidence and haven't received it (ie. they've ignored your request).

 

AQ is allocation questionnaire - it's pretty simple, and we'll deal with that when we come to it. Getting your defence in is the priority.

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DonkeyB

DonkeyB

Posted
Posted

Hi creditcardmug, good to have you aboard this one. Roger said it was the CPR request, sent to the court by post by HL, accompanied by a letter. No statement of truth, just a request from the claimant's solicitor (HL) to the court to accept the document as the defendant's defence. Smells to high hell.

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DonkeyB

DonkeyB

Posted
Posted

Hi rogermeard. Given that we know who's involved now, could you delete all your personal and account references and post up the documents?

 

I think that really would help the experts take your case to another level and get a bit closer to filleting their donkey (gulp).

 

Are any of the documents new?

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