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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
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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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Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**


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  • 2 weeks later...
I'm trying to formulate my draft defence and have been looking around the site for Ideas etc.....now I'm a bit embarassed to ask (pardon the pun) but what is an embarrassed defence and when is it used?

I've tried googling it but I just get links to embarrased footballers:D

 

Yes I got lots of things that were "embarrassing"...but not the defence you were looking for!!:eek::D

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What has happened in the meantime?

Assuming Marlin have been informed of my intention to defend the claim exactly how much will they have been told?

Will they be aware of my submitted defence or will they find it out on the day?

T

 

Spam they will have been served with your original defence if you entered one, after you acknowledeged the claim. so yes they will know you are defending. God I bet Mortimer Clarke solicitor (s) loves opening the morning post to find yet another defence to a claim they have issued!!!!;)

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Hi r&b

 

As my case is at the "lets swap doccuments" stage ie....I have to fill in a disclosure list (N265) to say what doccuments I have in my pocession and that I am going to rely on them in court...... like bank statements and correspondence between claiment and defendent. The other side have to do the same and then, say they put that they have a default notice etc I could then request to see the original copy within 7 days. SO if they have letters etc between themselves and spammy then they HAVE to disclose them otherwise they cannot rely upon them in court.

 

See, clear as mud......:D

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As for the enforcement of the CPR, thats what you ask for in the draft order for directions that you attatch to the Allocation Questionaire (I think):confused:....and the judge SHOULD read and make an order as per......

 

But they dont, as I had sent MC a request for Information using CPR 18 and MC ignored it, and I asked in draft order (that they be made to show mw stuff like default notice etc) and the judge made absolutely NO mention of this in the order he made following the AQ handing in.

 

In the order it just said basically both parties hand your evidence in by such a date.......

 

fedup

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Just a quick observation - you don't list all the letters in an N265 - the art is to put them in and not tell the other side what they are:

 

So for example you would put in "correspondence received from the Claimant of various dates"...you don't list it item by item

 

Hi IGNM

 

Yes i have seen that in other threads and have just listed in general order ie "pages 2 to 12;- correspondence between defendent and claiment";)

 

But see my thread http://www.consumeractiongroup.co.uk/forum/legal-issues/183981-county-court-claim-help.htmland you will see they have offered a tomlin order......

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

Hi long time no see!!!!

 

Sorry but my pc died a death :mad:

 

Also had a statement from mcs, detailing how they have added all their court costs and interest to the amount we agreed to pay in the tomlin order we signed. :mad:

 

How crafty is that!!!!!

 

I have rung them and am waiting on an explanation as to why they have done this, as it said in our order that "each side should bear their own costs"........

 

AAAaaaaaaaahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!!!!

 

Blummin MCS!!:(

 

Anyways, rant over.....hope your well spammy, fighting the good fight en all that.....:D

 

fedup xxxxx

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