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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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Arrows/Marlins Claimform - old LLoyds loan no CCA-**WON..DISC'D+COSTS**


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Put this:

 

The Claimant commenced proceedings in relation to an agreement regulated under The Consumer Credit Act 1974, claiming a right to sue as assignee. A Defence was served in which the Defendant alleged the agreement was unenforceable on grounds the Claimant was not entitled to the relief claimed by reason of the provisions of the Consumer Credit Act 1974 and/or Limitation Act 1980. Following the delivery of the Defendant's allocation questionnaire, the Claimant served Notice of Discontinuance.

 

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  • 4 weeks later...

Received offer last week of £90.

Buggers sent a cheque so couldn't resist cashing it.

 

Wish I hadn't now, could I try to say I accepted it has a deposit till they send the rest?

 

cheeky I know.

 

Once again, many thanks for all that helped me.

It has opended my eyes to a whole new world of people helping people.

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  • 2 months later...
Received offer last week of £90.

 

Can you imagine what wuld happen if one of us offered them 20% of what they asked for?

 

I'd hold out for the full amount or set a DCA on them if they don't pay.

 

It makes me laugh that a LIP is priced at a fifteenth the worth of a qualified solicitor yet is expected to operate almost as if he were one. Although Judges generally are "softer" with LIP's I've known of them tear an LIP to pieces. I personally know in a child access case where a mother (that was physically beaten by her ex partner and had an injunction against him) was told to "stop snivelling in my court" (I was there as a McKenzie so not allowed to comment). She was also told that if the judge required her to walk across fields in winter to deliver her children to her ex for access she WOULD do it!

 

I have no huge respect for judges, in many cases they are too "busy" to involve themselves in the actual case they are supposed to review and rely on the words of their "learned colleague".

 

A solicitor absconded with the proceeds of the sale of my house (and many others) and the law society actually tried to claim that he was depressed due to pressure of work!!

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