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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 
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    • 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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Shakespeare62 - v - a NastyBank


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The document has been received by the Expert Witness today.

 

As per the order, the Report is to be produced by 9th April and disclosed by the 16th April. The Expert will conduct a thorough forensic examination. I'll post up when I know more.

Edited by shakespeare62

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The document has been received by the Expert Witness today.

 

As per the order, the Report is to be produced by 9th March and disclosed by the 16th March. The Expert will conduct a thorough forensic examination. I'll post up when I know more.

 

Time Machine? :-)

 

S.

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The document has been received by the Expert Witness today.

 

As per the order, the Report is to be produced by 9th March and disclosed by the 16th March. The Expert will conduct a thorough forensic examination. I'll post up when I know more.

 

Wasn't expecting that - this is going to be a very eagerly awaited report!

 

I assume you mean April 9th & 16th, not March?

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Wasn't expecting that - this is going to be a very eagerly awaited report!

 

I assume you mean April 9th & 16th, not March?

 

Apologies - just corrected.:)

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The document has been received by the Expert Witness today.

 

As per the order, the Report is to be produced by 9th April and disclosed by the 16th April. The Expert will conduct a thorough forensic examination. I'll post up when I know more.

 

Hopefully this is the same as what was evidenced at the hearing, and with your finger prints on them

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Its very simple. They've either been in possession of this document all along and failed to disclose it for inspection, or it's not authentic.

 

 

If it is not authentic - then it's game over. If it is authentic - then I'll be turning up for round 4 in May as there other matters for the Court to consider, not least of which is the Respondent's notoriously defective Default Notice.

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Hopefully this is the same as what was evidenced at the hearing, and with your finger prints on them

 

Just echoing Humbleman's comment above.

 

Do you know if the 'document' was collected from the Q.C's chambers and delivered to your witness directly?

 

I presume that if a courier was used there will be a signature and time of collection and the same for delivery?

 

Following on from their 'might be a reconstruction' statement then there would be no way in the world that that 'document' would be allowed near your expert witness!

 

The idea of a substitution springs to mind as they have had some time to produce/concoct a more realistic document between the last court date and now.

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maybe so because of late timing even if it is a concocted if it looks anything different from the copy shake has,i think shake should post his copy to the EX witness and see if they have changed the format...this will show that their is more to this than meets the eye,then they can be called for malicious time wasting etc

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The document has been received by the Expert Witness today.

 

As per the order, the Report is to be produced by 9th April and disclosed by the 16th April. The Expert will conduct a thorough forensic examination. I'll post up when I know more.

 

Did you have to give the expert a fingerprint of your own so that he knows if any fingerprint found is yours ?

 

M1

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maybe so because of late timing even if it is a concocted if it looks anything different from the copy shake has,i think shake should post his copy to the EX witness and see if they have changed the format...this will show that their is more to this than meets the eye,then they can be called for malicious time wasting etc

 

if they concocted a new document the evidence of the print being only recent will stand out like a sore thumb

 

as they say ooo north

 

i think they have had it any road up chuck

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I think the document delivered has to be the one shown in court, so there are three possibilities. i - the document is authentic, ii - the document is not original and can be so proven, iii) the document is not original but cannot be so proven, i.e. the experts opinion is inconclusive.

 

I've never thought i) was a runner, but then I never thought the document would show up for examination - so clearly my opinion can be discounted! Maybe the respondent eggs are in basket iii)?

 

There has been time for the document to be examined elsewhere, which is certainly what I would have done, found out in advance what the expert opinion is likely to be. But then I am a dishonest, devious debtor and not a fine, upstanding financial institution............

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I've seen one of these and would be amazed if that is what they have handed over.

I must admit to being extremely surprised that it hasn't been "lost in transit", as they know how competent Shakey is and that he is deadly serious.

What are they playing at?

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If they have managed to find the original, then surely they would be in hot water for putting forward the false agreement as the "original". The DJ would be able to tell the difference between a years old document, having already seen one of these comics.

It will be the same DJ won't it?

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OR they could turn around and say that the the original has indeed been destroyed accidentally since the hearing.

 

AND that someone has sent a reconstructed instead-all a big mistake of course

Edited by humbleman
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Is that a possibility, claiming the original has been lost but this document is a "true copy", or words to that effect? It's all a mistake by the post boy, who spilt tea on the original.

 

If I was the Judge hearing that I'd go ballistic.

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teh consequences of not handing it over- the judge having ordered it would be just as dire....... they were boxed into a corner

 

they will be busy right now concocting and polishing up their "we didn't know it was a reconstruction guv- honest " arguments

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I think the document delivered has to be the one shown in court, so there are three possibilities. i - the document is authentic, ii - the document is not original and can be so proven, iii) the document is not original but cannot be so proven, i.e. the experts opinion is inconclusive.

 

I've never thought i) was a runner, but then I never thought the document would show up for examination - so clearly my opinion can be discounted! Maybe the respondent eggs are in basket iii)?

 

There has been time for the document to be examined elsewhere, which is certainly what I would have done, found out in advance what the expert opinion is likely to be. But then I am a dishonest, devious debtor and not a fine, upstanding financial institution............

have to put it in the ammended cpr as what logs do they have and when did they employ an expert witness to show a possible cause of action documents are being withheld with regards a certain log to the ex w

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This is perhaps the most interesting case on the entire forum right now... it keeps getting better and better :D

 

 

Agree with VJ and not only that but it could potentially be the single most financially damaging case result ever experienced by a financial institution considering the knock on effect it will have with many other disputed agreements and for this possibility alone it beggers belief that they have carried on with this case in such a lemming type fashion.

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