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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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*waves to guests* if it is in fact the defendant checking in.....stop reading this and submit your defence please :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

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Have just had a look at this form on hm-court services and looks like an 'add on' sort of form or addendum, don't think it is anything threatening, so don't think it will change anything in the current time scale or process you are going through.

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I was thinking more like 3.3 actually :p

 

 

did it come through on email ok?

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Too late now I'm afraid ;)

 

 

im confused a little as if it was 3.3 why bother with giving chance to defend etc coz that timescale isnt up until the day before this 'hearing' an this was set the wk after n1 was classed as 'served' even if it wasnt put to paper for a while after

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Yes got it :) It doesn't give much away does it?!!:rolleyes:

 

Being 'listed' for a date is wonderful but whats it listed for :lol:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Sorry for being a pain, but can I see your poc again pretty please?? :)

 

of course ill email it now :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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have you rung the court?

 

I was going to investigate myself tonight and call in there in the morn as im going past anyway lol

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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im confused a little as if it was 3.3 why bother with giving chance to defend etc coz that timescale isnt up until the day before this 'hearing' an this was set the wk after n1 was classed as 'served' even if it wasnt put to paper for a while after

Right, so what date did you file? When was it deemed served?

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Right, so what date did you file? When was it deemed served?

 

 

Filed 21st April

Posted 4th May

Served 6th May

Received by me 7th May

Notice of acknowlegdement of service and intention to defend whole claim

filed 13th May

 

N24 states 13th May as ordered, 21st May as date on form and received today 27th May.

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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what day did you receive the AOS??

Just read your poc again and I still think it's fab!! I'm still convinced it's 3.3 :)

Although it may well be something else but I can't get past my gut reaction! 3.3 fits so nicely ;)

Hang on let me show you the bits...

 

I just hate not knowing what im walking into if that makes sense

 

why ty :D

 

I think AOS was received 15-17th give or take...I did post on here so will scroll back and check....

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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was the 17th :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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(3) Where the court proposes –

(a) to make an order of its own initiative; and

 

(b) to hold a hearing to decide whether to make the order,

 

it must give each party likely to be affected by the order at least 3 days’ notice of the hearing.

 

 

 

 

still confused as aos filed same day as this was ordered

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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If my memory serves me right, the very first post I ever made on this thread said something along the lines of "what??? they put the wrong figure on your agreement and then sent a letter admitting it was wrong??!! If the figures are wrong the agreement is unenforceable, end of!"

 

I still 100% stand by that only now you have added a dodgy DN and unlawful repo into the mix for good measure!!

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If my memory serves me right, the very first post I ever made on this thread said something along the lines of "what??? they put the wrong figure on your agreement and then sent a letter admitting it was wrong??!! If the figures are wrong the agreement is unenforceable, end of!"

 

I still 100% stand by that only now you have added a dodgy DN and unlawful repo into the mix for good measure!!

 

Im sure the fos would disagree :lol:

 

so im guessing you are still leaning towards 3.3.....

my only other guess is to 'allocate' so to speak as its only 1 day after their defence deadline is up....

 

contact the court tomorrow do you think? as it wasnt very detailed was it :lol:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Im sure the fos would disagree :lol:

 

so im guessing you are still leaning towards 3.3.....

my only other guess is to 'allocate' so to speak as its only 1 day after their defence deadline is up....

 

contact the court tomorrow do you think? as it wasnt very detailed was it :lol:

Ok I lied, I apparently never said that! :eek: But i definitely wrote it somewhere I just know I did! Just been going over thread from the start and it really made me laugh how many times I signed off with, "going off now I've got brain ache"!! :lol:

 

Yep still 3.3 all the way! Sod the useless gits on their moral highground at the fos!! :-x

 

I really don't think allocate. There would be little point in them doing that; not before receiving their AOS and defence and then sending out AQs!

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Ok I lied, I apparently never said that! :eek: But i definitely wrote it somewhere I just know I did! Just been going over thread from the start and it really made me laugh how many times I signed off with, "going off now I've got brain ache"!! :lol:

 

Yep still 3.3 all the way! Sod the useless gits on their moral highground at the fos!! :-x

 

I really don't think allocate. There would be little point in them doing that; not before receiving their AOS and defence and then sending out AQs!

 

Haha yes there was alot of brain ache and scrambled egg head lol

 

I hope you are right as 3.3 is good news i think lol

 

Hubby thinks they had their AOS thought if they cant be ar$ed to defend within 14days .... seens as AOS was filed the same date as the order on N24 was made ...

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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