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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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mbna/optima legal court papers- help


bnkrob
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Can you scan or digital copy and post the details of the 1st page court doc blotting out any of your personal details?

You need to acknowledge service to the courts you can do this on line and and gives you some extra time.

Anything you can post up for all to look at will help greatly.

DG:)

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Don't admit anything...

 

1. Send the CPR 31.14 letter immediately by first class recorded delivery to the claimants solicitors - make sure that you only give them 7 days to reply. When they don't reply in 7 days send them a chasing letter on the 8th day enclosing a copy of the CPR 31.14 letter and telling them if they don't provide the documents within 7 days that you will apply for an Order. At this stage you won't have enough information to make a proper decision on the claim - you need docs from them.

 

2. You need to check the dates on the summons and check the response pack - you need to file an acknowledgment of service saying that you intend to defend the claim. That then gives you more time to file a defence

 

3. The objective is to get enough information from the other side to allow you to decide if they have a legally valid claim and if it is worthwhile defending it.

 

Have you sent the cpr letter off yet.

You need to do the acknowledgment of service do it on line as shown on the papers it gives you more time to get everything together.

If you sign your name on any letter put lines through it (so it can't be copied and pasted).

The more docs you can post up the better so we can all get a better idea of whats going on.

I've got to go out now but I'll have a look at the claim when I get back if I'm sober enough (Don't really drink coz I drive) - got to celebrate my win of sorts over a DCA which couldn't have been done without all the help from the CAGGERS.

DG:D

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You can put in the box "Please see Attachment (then number or letter)"

and dont forget to mark the Attachment with the same letter or number.

DG

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