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    • Right,  so the court hasn't send out the Directions Questionnaires/N180s yet. PE's one is a false one, meant to intimidate you into thinking your defence was rubbish and they are confident with their claim. This is par for the course.  The PPCs do this regularly. However, PE have gone further and written that "a copy has also been filed with the court" which is a lie as the court haven't even sent out the papers yet. Keep a screenshot of MCOL, later on in your WS you can draw attention to their lying and abuse of court procedure. If you've got time on your hands, then complain to the BPA about one of their members lying.    
    • We need documents to be uploaded in PDF format. Uploading in Microsoft Word format discloses personal details relating to you which you should not be sharing. Click upload – to understand what to do. How did you pay for the vehicle? You start by saying that you should have walked away – yes you should. Not only because of the reputation of this company but also if the transaction isn't perfect you shouldn't get involved and you certainly shouldn't be taking the word of some used car dealer. Big fail! Why are some of your letter in black and some the in red? When you get some of the ideas in there – have you use a template from somewhere else? They aren't interested in a delay caused by some fire alarm or something. They certainly aren't interested either by the distress you are suffering. They have hundreds of customers who become victims of this kind of thing. All of those customers suffer distress. Big Motoring World don't seem to be very bothered. What are the faults which exist with the vehicle now? Is it just the splashing? Where is the splashing? What is it that is splashing?   Do I also understand that you purchased the vehicle without trying it at all and the first time you were in it and had splashing was after you had made the contract?
    • A claim was issued against you on 22/04/2024 Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08 Your acknowledgment of service was received on 07/05/2024 at 01:05:18 Your defence was submitted on 23/05/2024 at 21:20:03 Your defence was received on 24/05/2024 at 08:05:43
    • I drove a friends a car for a few days and I used cuvva car insurance to insure myself for the time period. Here's the problem: I made a mistake with the dates on the insurance, I ended up driving uninsured for one day and I got a speeding ticket. My friend named me as the driver on the Notice of Intended Prosecution as she should and I will take the blame of course. Will met police ask for proof that I was in fact driving? I mean, any more other than me replying to the NIP that I will soon receive from them? Cause I assume that my insurance for the day will be the proof that they need... Secondly,  if caught driving uninsured, what will happen please? I read it's £300 and 6 points. Is that all or is it worse? I'm only asking for information from knowledgable people. If you intent to just mock, you're certainly not helping. Thanks
    • Hi, Please find letter sent to BMW with all evidence off issues which is a link from Audi. Unable to share the footage on this forum as I am not the best with tech  
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      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.

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    • 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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Can I cancel new car?


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Hi all, I'm wanting bit of advice please.

 

I put a deposit down of £500 on a new car with a balance to be made on picking the car up of another £1100 and the remainder to be on HP. I have signed an arfl form (or something like that) with my details for registration of the new car but not signed any finance agreement yet.

 

My question is - can I cancel the car now? What redress does the dealer have if I phone him up and just say, "I've changed my mind, I don't want the car".

 

I'm due to go down on Friday to pick the car up and sign for the finance.

 

Many thanks in advance.:confused:

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Hi, Spindoctor.

 

I have unapproved your duplicate post and shall move this post to the appropriate Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks for the couple of replies to my question. I thought I'd give an update in case anyone reads this thread. I decided to phone the garage and ask whether I could cancel the car and after a day the manager phoned me up and told me I could cancel the car without any loss other than my £500 deposit. Whether this is because it is within my rights or whether he was being amenable I don't know.

 

Thanks again

Spindoctor

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Thanks for the couple of replies to my question. I thought I'd give an update in case anyone reads this thread. I decided to phone the garage and ask whether I could cancel the car and after a day the manager phoned me up and told me I could cancel the car without any loss other than my £500 deposit. Whether this is because it is within my rights or whether he was being amenable I don't know.

 

Thanks again

Spindoctor

He was probably being amenable because he will probably have made more profit by keeping your deposit than actually selling you a new car - there aint much in it nowadays!!!

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  • 2 weeks later...

Consider taking the dealer to small claims court to get back your £500. You can issue a claim on line using the governements new small claims court procedure.

 

https://www.moneyclaim.gov.uk

 

Send the dealer three letters, so that you can prove that you have tried to resolve the issue before starting a claim. In the letters, inform the dealer that you think £500 is excessive but accept that they have incurred some inconvinience and therefore you are willing for them to deduct an amount for this, but that you expect the majority of your deposit back. Also ask them for a breakdown of the costs they have incurred.

 

Online, the claim will cost about £35 and if you loose you will not be liable for the other parties costs. You have already lost £500, so it may be worth risking another £35 to get it back.

 

Your case can be strengthened if any paperwork that you signed did not explicitly mention that the deposit is not refundable.

 

80% of claims are settled before they get to court. The dealer may offer you a compromise payment before the case gets to court.

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I would ask for some of the deposit back, they should only deduct an actual costs they have incurred due to administration costs and out of pocket ecpenses such as processing time etc and they would have to substantiate that. the deposit was only left as an act of good faith and to resrve the car so it is not sold to anybody else. A contract was not signed but implied that you would enter into one so they would be entitled to their expenses thats all.

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It is highly unlikley that a judge in a small claims court would support such a claim, if mde by the dealer.

 

Blimey

 

Remind me never to sell you a car, or anything else for that matter.

 

Hammy

46 years at the pointy end of the motor trade. :eek:

HMCTS Approved Technical Expert and Independent Motor Trade Consultant

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