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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/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***


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Have you requested any statements on this account? To see if there are charges theyve added?

Also the agreement ( or contract as they put it) needs to be requested.

You'll likely need to send them a CPR 31.14 (if proceedings have started) or CPR31.16 before proceedings) request to get these documents.

You'll also need to acknowledge this claim online with Northampton.

If you dont have the documents you need to file a proper defence, then you'll file an embarrassed defence and seek an order that they disclose the docs you require.

Make sure all correspondence is done recorded delivery

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Hi RoyalB SAR isnt going to be any use now, you have the CPR 31.14 which you can use to achieve the same result, you'll need to list everything you want to help file your defence. so do a little research before you defend, draft up your CPR request so people can help with it. Look for some threads with 42Man they are particularly good with docs.

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Hi Royal, It'll probably be CPR 31.14 you'd make the request on, give 42Man a little time to draft up something for you. Just to make sure you know what you are going to be doing you can google the CPR 31.14 and 18 look at the ministry of justice hits. If you dont understand anything, just holler

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  • 2 weeks later...

How long did you give them on the CPR? give them a bit of leeway because of the postal strikes, but keep checking the royal mail site for delivery, (it takes a few days to register). You cant file anything other than an embarrassed defence unless they produce documents.

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  • 5 months later...

Yep,

Best to go with everything you have, As Cit B says, copies for others just looks more professional.

a wry little grin when you hand the opposition a copy is very satisfying.

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They do appear to be worried about those court costs though,

maybe ask them if theyve put any defaults on and say youll accept a couple of hundred quid for keeping it away from court, its all in the negotiation:)

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How does the land lie as far as defaults on the credit record are concerned? Bearing in mind that there hasn't been any legal judgements in this case.

 

well thats in the negotiation, IMHO, I wouldnt let them off that easily, theyve most likely done some trashing of your credit score, which, if you ever wanted a loan or any credit, would definitely cost you in the long run.

as Snoop says, get them to remove it all or no deal

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