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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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capquest sd re littlewoods CAT DEBT - ***WON***


chezza2409
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Totally agree: They now realise they are on a sticky wicket for sure hehe..though, they do send out these kind of letters from time to time on mass.

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Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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They will get in contact with to let you know whether the judge has agreed you have grounds for a hearing to set-aside. If granted, you will then get a court date where you will have to attend and give your evidence.

 

Now, I also suffer from anxiety and anxiety attacks and I have to attend this next month - if I can do it, so can you!

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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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thanks everyone and thanks tiglet. Doc has given me some medication to take to make it a little easier. Will I be able to take someone with me cos there is absolutely no way I would be able to do it on my own. (doc says he will write a letter if necessary)

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Hi Chezza, yes, you can have a friend there as long as you explain to the judge. They can speak for you if you request it. It is much easier than you think, quite informal so, don't worry.:)

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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thanks nevos, im just so scared and suffering from depression and panic attacks makes it all much harder. i wouldnt mind but this debt isnt even mine, thats what infuriates me so much. ill keep you all informed with whats happening

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Hi judges can be realy nice ppl and realy help full especialy when they are seeing a lot of abuse of process going on like the issuing of SDs.I went to court a few years ago was my first and only time untill my set a side hearing also with cape neest in a few weeks.Nerves o yes big time but the judge was wonderful put us at ease easy to talk to and gave us a few pointers hope we get him again.So realy dont worry about the hearing you will be fine.

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  • 2 weeks later...

hi 42man. just rang court today and they said that it has been in front of judge and it is going to a hearing....... they are sending a letter out this week with the date. What do I do now?? God I dont know if i can handle a hearing to be honest. Still not heard anything from CQ about cca and statute barred letters. thats now 20 days since they were sent.

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