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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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No Court Date, as we were Unaware of it as it was sent to sister-in-laws Address.

 

I can get the £100 TO PAY IN FULL

 

But can I just call the court's and pay it?

 

As you did not receive a copy of the original summons ( as your home had been repossessed) then it is a simple matter of completing a Statutory Declaration. This will CANCEL the fine and all enforcement will also cease. No bailiff fees are payable.

 

If you send me a PM I can sent a template to you.

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  • 3 weeks later...

You correctly mentioned to the court that you had been advised to file a Statutory Declaration ( because you had not received the summons due to a change of address) and I am certain that this would be the reason why the court agreed to recall the warrant and accept your payment of the FINE.

 

Normally, in all such cases that we see the courts will recall the warrant immediately. However, due to the Christmas period there could be a backlog and you should try to contact the court tomorrow (the court should be open).

 

It is without a doubt that you should send an short e-mail to Philips along the following lines:

 

Dear Sirs,

 

Reference Number:

 

I am writing with regards to the above account.

 

Could you please note that on 12th December 2009, xxx Magistrates Court accepted full payment of the above fine from me and agreed to recall the warrant from your company.

 

Their reason for this was because I had advised the court that I wished to file a Statutory Declaration because I had not received a copy of the original summons as it would appear that this had been sent to a previous address.

 

Could you please confirm safe receipt of this e-mail.

 

Yours sincerely.

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I sent this as TomTubby advised

 

Dear Sirs,

 

Reference Number:

 

I am writing with regards to the above account.

 

Could you please note that on 12th December 2009, xxx Magistrates Court accepted full payment of the above fine from me and agreed to recall the warrant from your company.

 

Their reason for this was because I had advised the court that I wished to file a Statutory Declaration because I had not received a copy of the original summons as it would appear that this had been sent to a previous address.

 

Could you please confirm safe receipt of this e-mail.

 

Yours sincerely.

 

 

 

 

Sent the 28th, Called courts 29th

 

 

Received this, This morning, Is there anything that I should be doing now.

 

I like the wording > WE MUST ENFORCE

 

Many thanks for your recent e-mail.

 

Please know that until we receive notice of this from the courts, we must enforce this

warrant.

 

Regards

Philips

 

 

Please do keep us all up to date on what happens.

 

PS: Good news from the court that the balance is showing as Nil.

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