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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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I like a lot of people am going through the despute with the banks, mine being Lloyds and I had got as far as a court date which was last September. I am an avid fan of Martin Lewis the money expert, that's one of the reasons I am now on here. Anyway my hearing had a stay put on it and as per Martin I checked with my local county court and they say that I can lift the stay and will send me out the paperwork but I will have to pay a further fee of £75!!!

 

Help, are there any others out there that have got this far?

 

Barb

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welcome2.gif

 

You can indeed apply to have your stay lifted, but it doesn't mean it will be successful, and as long as the test case is ongoing, the odds are not good that you'll succeed.

 

I have a case stayed too, and I am staying put. ;-)

Edited by Bookworm
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Thanks, but as per ML (my guru) he says that the test case will be won and then the flood gates will open so best get yours going to be near the top of the queue, what with the 6 year rule etc.

 

Had you heard about that?

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But your case is already in the system, so you're already in the queue.

 

As for ML, he's a finance journalist, not a lawyer, so at best his advice is an educated guess.

 

We all want to believe that the test case will go in our favour, but it's all conjecture for now. As for your case, since you have already filed, the 6 years rule is not an issue, and trying to get your stay lifted won't make a blind bit of difference to that. :-)

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Welcome Queen of Sheba :)

 

I am claiming from LloydsTSB aswell. I cannot afford to file trough the courts but the bank has sent letters recognising my claim. The last letter I received from them was this week stating that i will not be disadvantaged in anyway regarding the 'stay' on proceedings. I spoke to my bank manager who assures me that although my first date of penalties has just gone into 6yrs + they will still honour those figures as I claimed from them within the alloted time.

 

Well I wait and see. Got a feeling I will probebly get bitten on this one further down the line.:o

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Stricly speaking, they don't have to honour the 6 yrs thing if you haven't filed at court, Wino, but if they try to renege on it when this is all over, a swift complaint to the FOS should take care of that, as it was one of the agreed points in the test case, and I can't see the FOS deciding they're in the right on that one. ;-)

 

All in the future for now, of course... :-(

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Thank you very much Bookworm, that has eased my mind quite a bit and I will now hold off from lifting the stay, just needed that clarified.

 

And Wino thanks for the welcome, and I wish you good luck, and as the saying goes, United we stand, etc. So will watch with bated breath and fingers crossed.

 

Best wishes:)

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