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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
      • 162 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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help replying to court papers


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wondering if anyone can help me replying to court,recieved papers 30th april,from howard cohen solicitors on behalf of cl finance,should i reply online defending the claim as i am in the process of reclaiming bank charges?any help much appreciated no idea what to do!

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if the sum which they are claiming from you comprised of bank charges -- or comprised partially of bank chargesthen certainly you should be defending on the basis.

 

Where are you in your bank charges claim? Have you actually started a court claim yet? Do you know how much you are actually owed in bank charges? Have you added also the interest which they have charged you on any outstanding bank charges?

 

If you are owed a sum equal to or greater than the amount claimed, then you should defend on that basis. You defend saying that the amount claim is comprised of bank charges -- and then you counterclaim for the return of bank charges. Don't forget you can only claim for charges which you have actually paid.

 

If the sum they are claiming is greater than your bank charges figure then you will have to admit part of the debt and defend on the rest.

 

Whatever you do, you must put in a defence before the time is up. This is 14 days from service of the claim on you. If you feel you need extra time, then put in an acknowledgement the claim and this will extend the time for putting in a defence to 28 days after service of the claim on you. However do not let this extended time lull you into forgetfulness because if you miss the deadline then they can apply for a judgement and it will then get complicated to have to try and get the judgement struck out.

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as i am only claiming back about £70 and i owe them £919(inluding court fee+solicitors costs) should i just agree with the claim to save a lot of messing about?sorry but really dont know what to do!

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Be very careful here, others will give advice on what to do next, but, this lot are very quick to push things through and have even been known to write to you and tell you that the Court has granted an order that you are to pay £50 per month to them. If you get such a letter, be very wary as it may not in fact have gone through the Court Process!

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