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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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Me Vs Lowell Financial / ***WON WITH COSTS***


Shawn0109
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Get your costs in as LITIGANT IN PERSON to the court 24 hours before the hearing.....!!

 

Head the piece of paper LITIGANT IN PERSON costs

 

As an example - 10 hours of research into Consumer Credit Act 1974 @9.25 per hour

10 hours research into the Insolvency Act @ £9.25 per hour

Parking

Postage

40p per mile mileage allowance....!!

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Remember to dress smartly, be polite to the judge call them sir/madam, ask the judge if you are allowed a McKenzie Friend (somebody who can accompany you but can't actually talk unless specific permission is granted)........I would suggest that you show the judge how disgusted you are at having to go through this especially as the alleged debt is totally disputed. Keep good eye contact with the judge and don't interrupt while he/she is speaking.....do NOT be afraid to ask for your costs for the research that you have done, by all means tell the judge you have done a lot of research into the high court case law.

 

On the off chance you get a really, poor judge then do make your points....if for any reason he doubts what you have said, just name the specific case law, If you want to disagree with a point that he/she makes then say, "With the greatest of respect sir they....etc etc". If it isn't going well, and as a last resort, then ask for an adjournment so you can make a Subject Access Request to the alleged original creditor and ask the judge to reserve costs"

 

Just remember to be polite, be firm, and make your point. And refer to all the case law that is on your affadavit if need be. And ask for your costs !!! the Judge can only say no at worst....

 

I'm sure you'll be fine !!!

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Just take all the relevant paperwork with you....!! there isn't anything else you need to do at this stage. It seems a clearcut case. And you should also mention to the judge that this would seem to be an unfair practice, under the OFT's guidelines on debt collection. (take a copy of those too - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

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Just read this wonderful news Shawn, very well done, I would ask that you please report them to the OFT, the more people that do, the better chance they will take their credit licence away...and you had a decent judge !!!

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I am amazed that she even ordered them to take off any default / adverse information on your files.....I know in my case, the judge couldn't do that is it would have to be regarded as a separate action....so it makes the win even sweeter....

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