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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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Hi there, you can download the N245 here Her Majesty's Courts Service - Home. Select Forms and Guidance from the menu on the left hand side and enter N245 in the box. You can then go to the page to download the form. There is a fee of £35.00 when you put the application in at court.

 

If they complete the form tonight or tmorrow morning they can deliver it by hand to the local court where the bailiffs operate from. No further action by the bailiffs can take place while the N245 is at court awaiting consideration. If they intend to repay over two months they should have no trouble getting the judge to agree. There is no hearing to attend, the form will go in front of the judge, probably in the next week or so, and then the decision will be posted to them.

 

Hope this helps.

 

Ell-enn

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hmmm, I would say the income is the income from the business on a monthly basis - and the expenditure is what they have to pay out in bills for the business each month. Might be a good idea to ring the court first thing in the morning and ask - the staff are usually very helpful.

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If they have come to an arrangement with the bailiffs to pay the warrant, and there are no good reasons to have the CCJ set aside, (given the fact that they didn't respond to the original claim) then I think they have got a reasonable deal without any further expense.

 

I think we just have to be realistic sometimes:)

 

Ell

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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In the main I have to agree that County Court Bailiffs are helpful and fairly reasonable to deal with. However, I had to help an employee of ours who was being scared stiff by a little Hitler from our local CC!!

 

He would turn up at her house banging (not knocking) on her door at between 6 and 7 o'clock in the morning, when she didn't answer the door he would bang on the front windows (scaring the old lady next door so much she needed a doctor to be called later) and then stood in the middle of the front lawn looking up at her bedroom window. All this was obviously done to cause maximum embarrasment and stress.

 

Found out later the little g*t was new to the job (suspect background as private bailiff! or henpecked somewhere else and now pushing his chest out with importance at his new "powers"). A stiff letter to the court from myself being the lady's employer and finding her distressed and unable to work kept him at bay until she could get payment made.

 

Made me mad that did:mad:

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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