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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
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    • 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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Spamheed vs Cabot **discontinued**


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absolutely

 

although in fairness to those concerned there was more to it than just a witness statement.

 

The defence was excellent and covered a lot of areas that i wouldn't have picked up

 

I would advise anyone to SAR the OC as soon as it looks like it's heading to court, or even earlier if possible. It's amazing what those creditors keep on their internal systems than can scupper an unwary DCAs claim

 

 

and you're completely right about having someone on board who knows the legal system and has a clear picture of processes and what should/could be done.

 

I reckon a lot of people who have lost their cases wouldn't have even had to go to court if they'd had the correct sort of guidance

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Well done. Brilliant work – it does prove once again that there’s a point at which self-help will not get you through the barrier, even if your arguments are sound, because you really do need some knowledge of the way the system works and the deeper intricacies and technicalities of the law.

 

Hope you can give us some clues, eventually, as to what you think swung it.

I totally agree,

 

Sadly, the class of opponent in some cases is improving, as many of the dcas are now employing LPC and BVC trained staff, which tilts the playing field in their favour.

 

This was a good result, there were so many issues in this matter and as i say always each case must turn on its own facts, you can never template these things

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I totally agree,

 

Sadly, the class of opponent in some cases is improving, as many of the dcas are now employing LPC and BVC trained staff, which tilts the playing field in their favour.

 

This was a good result, there were so many issues in this matter and as i say always each case must turn on its own facts, you can never template these things

 

 

Credit where credit is due Paul, there were no templates anywhere which would have covered all of the areas that the defence and witness statements did cover and the documents produced were totally top drawer and also inspired confidence certainly in this client. once again, Hats off!!!

 

But I particularly like the fact that it was at least in part, evidence that was actually supplied by both Egg and Morgans themselves which scuttled their little boat.

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