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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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Jointly and severaly


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I have a long running claim against Cap 1 which they sold (unresolved and therefore unlawfully) to Lowell last autumn.

Lowell have been messing about and "looking into the matter" since then.

 

Is there any reason why I shouldn't raise a writ against both companies jointly and severally and let a judge sort out the idiots?

 

pete

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the only thing is that it may make them look harder for a cca

 

 

ida x

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I was always taught "don't get mad, get even" :) so I wont be cross at all in fact I know I will find their stupidity very amusing :D.

 

I went through everything today and know I have enough to write a jointly and severally POC against both companies under one county court claim and in fact I am considering sending copies of everything to the information commissioner too but that is just an aside.... bring on the court !!! not been in one for 6 months and I'm getting withdrawal symptoms :D

 

pete

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  • 3 months later...

Quick update :) I wrote the Poc for unlawful charges and miss-sold PPI also including the default Lowell had placed against me and put it into court :D naming both Cap One and Lowell as Defendants.

 

Cap one offered the full amount of the claim on a no acknowledgement of guilt basis :rolleyes:, took back the account from Lowell and said they would remove the default.

 

I have been paid the cheque in settlement of the money claim but the default has gone from Lowells name to Cap One's, I've told them I cant stop the action untill thats removed too so I'm just waiting now :D.

 

pete

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:D you are nearly there,

 

keep going

 

ida x

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Have managed to sort out how to do this (I think, many thanks to Bookie for pointing me in the right direction :))

 

Remember these are my POC's written for my claim so please please don't just use them. They are based on the standard CAG templates that are available in the library that have been edited to my own circumstances and I have posted them as an example of what you can do in a set of POC's (basically anything).

 

My own personal advice is try to keep it simple, if you have one or more items of claim (ie charges and PPI) keep them separate and bring it all together in a summary section at the end.

 

Remember, whether your claim gets to hearing stage or not you are aiming this at a busy judge who knows nothing about your claim so he needs to be able to read and understand quickly.

 

So here it is :) unlawful charges, PPI, default removal and against two defendants.

 

Google Docs

 

Good luck :)

 

pete

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