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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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Howard Cohen tries it on again.


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  • 4 weeks later...

Hi ZW,

I have just received a bulk Claim today from Howard Cohen on behalf of Next so have read this thread with interest.

 

I want to follow in your footsteps re 34.14 but not sure as the POC doesn't specifically mention the agreement just refers to terms & conditions. (unsigned agreement received when cca requested originally)

 

btw any news?

 

CCM /anyone very interested in your expertise how to approach my defence/counterclaim.

I have posted a thread here:

http://www.consumeractiongroup.co.uk/forum/legal-issues/200385-next-retail-claim-received.html

 

thanks

gf2k

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Hello Zazen / gForce.

 

We are ahead of you both against CL in both our cases. Please have a look at our threads and see if they offer you any additional info or help in your own cases.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/184852-c-l-finance-ge.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182360-c-l-finance-awaiting.html

 

Regards

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

tell the court and go for a strike out

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

Hello ZW,

Have you asked them specifically if your letter has been put forward at all.

In our case we faxed a similar letter to the court instead of posting it and had a reasonably quick turnaround. Sent the fax on the 7th and have got the reply from the court today.

The only reason they sent a written confirmation it had been struck out was because we asked for it. They said they don't normally write to confirm its struck out.

Just planning our next move now... application for our costs etc.??

and then a donation to CAG after that...

(Don't get confused with our other CL thread which is ongoing but looking good)

 

Regards

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