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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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What happens after AQs have been submitted?


Ferg
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Hi All,

 

I have sent in my allocation questionnaire to the court and unfortunatley the store card company put their AQ in just on time.

 

Do I need to send the list of charges etc to the court and to the defendant now? Or do I need to wait until I am instructed to by the court?

 

I was wondering if it was worth sending the details of the charges to the solicitors acting for the defendant/store card and see if they will settle sooner rather than dragging the whole thing to court...

 

Any help??

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Hello Ferg!

 

I think you need to fill in a few blanks, as we don't know any details about the case.

 

If you can provide an outline of the details, I am sure people will jump in to help.

 

Who is the Store Card with, are you sure it's a Store Card and not a Credit Card etc.

 

Please post the Particulars of Claim...and let us know if you are the Claimant or the Defendant.

 

If you see my point, we can't see what is going on from the above, so can't help you without some more background.

 

Cheers,

BRW

Edited by banker_rhymes_with
Can't type or spell!
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Sorry Banker, I will give some more details:

 

I am the claimant. I had a store card with Burtons a while ago and incurred late payment fees. I also noted that they added PPI on to the account (which I did not ask for)

 

I wrote to them asking for them to refund the cahrges and PPI. They refused.

 

I sent them a letter before action. They sent a letter stating that they still refused to negotiate. So I ended up going through the small claims procedure.

 

After starting a claim online, they have said that they intend to defend the claim. It has got to the point of submitting allocation questionnaires (they only returned their's a few days ago). I was wondering what happens now.

 

Should I send the details of charges etc to their solicitor and tell them to settle? Should I wait for instructions by the court. I presume now that they have both parties AQs they will set a time for a hearing etc??

 

Sorry for not providing much detail in the original post. Any ideas on how to proceed?

 

Any help appreciated...

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