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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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Advice required plz for court claim.


spookey
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MKB thank you sooooo much, lol I know owe you and Gez a meal if I get this sorted! I didn't reply straight away as took your advice and filled out the form then drove to the court and got it in, didnt really do a neat job but did answers as your thread and reply so am just waiting again now. I am so swamped under that its much easier to hide away but I realised you can't do that because in the long run it will break me if I ignore it.

How is your case going? If I remember your a month ahead of me so hope you have good news? Will p.m you and thanks again. :-)

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MKB thank you sooooo much, lol I know owe you and Gez a meal if I get this sorted!

 

 

Course you don't but you DO owe it to yourself to get BH's ar**s kicked whether in a court or not.

 

I know you've not been able to think too much about this but you WILL get through it with CAG so pleeeease don't give in to their demands cos you do have a case & you can win. Stop jumping to their demands & take your cue from tried & tested legal challenges :D

 

 

 

PS Thanks for the rep x

Edited by mkb
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I know what your saying.... but I,m dealing with this secretly and would be alone if it wasnt for this site! My hand writing was awful on the form and then I printed attached pages :-( Now I don,t know what I should be preparing for etc etc, who has to act next and what I should have ready????

 

In my next life i,m coming back as a man lol. ;-)

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I know what you are saying too, Spookey. :(

 

You are on my other thread, and just like you I'm dealing with this secretly. I'm in a complete muddle about what to do next too. My family would kill me for getting into the mess I'm in, so I really do understand, I promise.

 

Just follow the advice here from so many people who know much more than I do.

 

I'm really pleased that you did go straight over to the court today and filed it.

 

Hang in there. I don't feel like being brave either.

 

DDxxx

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Your next move is to wait til next week then ring the court to find out if BH have submitted their AQ if you haven't had it from them in the meantime.

 

Don't panic too much (would say not at all but that would be impossible :rolleyes:) - nothing is going to happen overnight & probably not even this year.

 

You're amongst friends here & you have my email addy so you can always sound off if you need to ;) just please don't let things catch you on the hop for the sake of asking questions.

 

Take it easy hun x

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I know what your saying.... but I,m dealing with this secretly and would be alone if it wasnt for this site! My hand writing was awful on the form and then I printed attached pages :-( Now I don,t know what I should be preparing for etc etc, who has to act next and what I should have ready????

 

In my next life i,m coming back as a man lol. ;-)

 

 

You're amongst friends here & you have my email addy so you can always sound off if you need to ;) just please don't let things catch you on the hop for the sake of asking questions.

 

Take it easy hun x

 

As mkb says, you arent alone.. what with 242,204 registered caggers and at least 303 of them online at the moment.. :)

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  • 3 weeks later...
  • 3 weeks later...

Hello all, i,m back, thought i,d give you some peace over Xmas ;)

Had a letter from the court giving BH another week to send in their A and Q as they didnt hand it in on time!!!! mmmm don,t think they would have done that for me!!!

Now have had notice of allocation to fast track, trial will take place during 7th june and 25th june at venue to be notified. Orders are, the claimant shall within 14 days of service of this order send to the defendant and the court A) a true copy of executed agreement and any other docs referred to within agreement. B) true copies of defaults and cancellation notices sent to defendant with any proof of posting that you hold. C) full breakdown of how amount claimed has been calculated, including all payments made and charges applied throughout duration of agreement. D) copies of pre contractual application E) copies of defendants proof of income provided to the claimant in advance of the credit agreement. F) copies of the payment protection docs. G)any other docs relied upon. If claimant fails to comply with order claim will be struck out without further order. 2. Defendant shall within 14 days thereafter file and serve the following Amended defence sufficiently particularised in response to the documents supplied by the claimant. 3. each party files completed pre trial check list no later 2nd april, claimant to pay £100 fee. Hearing fee of £500 must be paid by claimant.

So how can I do a defence in response to the documents supplied by claimant when I havent had any from BH and rubbish from sols???? This has to be done handed in or whatever by 5th Jan so help would be great please x

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The directions are for the claimants to comply with hun, not you!!

 

They are ordered to provide these to you within 14 days. You then submit your defence based on what they send.

Edited by mkb
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Hello MKB, sent you an email but think you,ve changed pc.s. Good to hear from you, hows it going with your case?

Ooooo so I dont have to do a defence by 5th of jan? coz thats the only bit I see for me....duh remember i,m a doughnut :p..... and am now praying postie doesnt come here by the 5th but then again BH didnt reply in time on the A an Q and were given longer, so probably will again.

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Replied to your email :)

 

My case is at stalemate at the mo as **** didn't file their AQ properly (seems to be a nasty habit they have there!)

 

You're NOT a doughnut - just still in panic mode :p Don't get me wrong, I will be exactly the same when I hear from the court as well :lol:

 

When it comes to the defence, there will be help given but by someone who knows what they're doing cos I've not had to do one (yet!)

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Bet Gez will say I am :p, yep am in a panic as usual. This site always calms me down tho, as you have again helped, thank you :-)

Me thinks they wont reply to court by the date and then be given another date, so my defence will be another embarrassed one with no docs. Seems yours is now behind me, how did that happen lol.

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  • 1 month later...

Hi everyone i,m back, lol well nearly ... think there is 5% left of me.

I,ve buried my head in the sand as have far too much going on to cope with and have to reply to the court soon so thought better see what I should be doing. Have a feeling its too late or no point.... all the others that were having probs same time seem to have disappeared too???

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