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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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N150 assistance needed...please? / **WON**


NGEddie
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Guys!

 

Got letter today from the solicitor

 

Basically saying, client has asked them in light of the issue raised with the DN and timescale to rectify, to withdraw the proceedings, a copy notice of discontinuance has been attached and sent to the court.

 

At this point I thought ok, maybe they finally see they have no hope, but then...

 

In these circumstances there is no need for you to proceed with the application for SJ due for 2 weeks. :rolleyes:

 

However, our client will then re-issue a fresh DN and in due course commence fresh proceedings against you...WTF lol

 

With that in mind we look forward to hearing from you with any realistic proposals to pay this debt.

 

Okkkkkkkkkkkkkkkkkkkkkkkkkkk, lol, now even I know they cant just re-issue another DN as they have terminated the agreement by asking for monies not due yet and going for court action, correct?

 

I am hoping one of y'all will tell me this is them trying to be clever, hoping we withdraw, to them have another bite, which they cant do anyway.

 

Opinions welcomed

 

Cheers

 

E!

 

To issue a compliant DN you would have to agree to reinstate the agreement something your hardly likely to do

 

Despite what they think they can't now have 2 bites at the cherry

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Hi Guys!

 

Letter back from them :-

 

The only costs recoverable are solicitors incurred whilst acting on the parties behalf and recorded by the court.

 

Th party may claim witness expenses after attending a hearing and by order of the court.

 

-------------------

 

Soooooooooooooo, what do y'all make of that?

 

Cheers

 

E

 

Wrong & it's professional misconduct to mislead you

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