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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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MBNA/Restons claimform - old A+L Card **WON+COSTS**


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FB

 

I am a bit confused. The normal procedure is:

 

1. Claimant files claim in court

2. Claim is served on the defendant

3. Defendant files and serves defence

4. Clamant and defendant submit AQs (possibly with draft order for directions ,eg further information, strike out)

5. Court allocates case to track and sets date

 

Where are you in this process?

 

 

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  • 1 month later...

If they do comply, the first thing you must do is to ask the court for an additional 2 weeks to get in your amended defence - it would be completely unfair to expect you to meet the May 5 deadline when they have behaved like this.

 

 

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To answer an earlier question - I don't think you need a N244. You were given permsission to amend your defence by a certain date on the assumption that the claimant would comply with the order by the due date. If they comply late, you should ask that you be given the same time as you would have had had they complied at thet correct time.

 

AS has been said, though, hopefully it is all irrelevant.

 

 

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  • 4 weeks later...
If they are so worried about a 5 hour trial and their costs, they have the option to discontinue, don't they?;):p
:D

 

Well done FB - brilliant result!

 

 

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  • 2 weeks later...
  • 2 weeks later...

The first DN in post #734 is invalid. It is dated 18 June 2008 and would therefore be deemed served on Friday 20 June. 14 clear days from then is Friday 4 July. They have only given you until 1 July.

 

The second is OK. It is dated 27 October 2008 and would be deemed served on Wednesday 29 October. 14 days from then is 12 November and youhave been given until 13th. Having said that, they cannot they send a second DN for the same default, so that one is dead too.

 

 

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  • 1 month later...

I'm with BRW - good as far as it goes but I don't like the power they have given themselves nor the fact that you are agreeing you owe them £11k.

 

The question is, how much do they not want to go to court? What have you got on them or what will they lose or what will it cost them?

 

Well done for sticking with it though.

 

 

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