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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
      • 160 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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emtdickson/Bryan Carter/Catalogue


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Right... train running best part of an hour late... won't be there by 2... so have emailed the PDF to the court with a grovelling request.

 

And it's chucking it down. What a painful day. I just hope EMT has got the stuff and can use it. Carter should not win this in a month of Sundays, and I think she deserves £3k for putting up with their crap so far.

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Just had a call from EMT... phew! Her email was down. She has the WS and has printed her copies.

 

Unfortunately she is going on her own, so I've asked her to make sure that, as a disabled person, she gets help at the court. I'll email the court and ask politely if they can wait until I am there... she does sound so nervous. I feel a bit heartbroken over this.

 

Carter, I will make you eat sh1t for this.

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On my laptop with dongle. I'll be lucky to be there by 3 the way this is going. Still, it was slated for 2 hours - gawd knows why - so 3pm to 3.05pm should be long enough to fillet Carter, if I can be allowed as a litigation/McKenzie friend.

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Righty ho, here's the excuse for a WS that Carter dared to file. Bear in mind this is against a widowed disabled senior citizen who has made clear to Carter that there is no debt, and remember that Carter has also tried to buy her off with £300 without guaranteeing the debt will not be sold on.

 

Carter1-1.jpg

 

Carter2.jpg

 

It's shameful, isn't it?

Edited by DonkeyB
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Case dismissed.

 

Alas I can say little more, as a consequence of the settlement reached, other than please change the thread title to 'won'.

 

EMT was wonderful, and I got there in time. A good day was had by all. Well, nearly all.

 

Another one up for CAG.

 

I hate to add this, but it would really help EMT to keep any disparaging remarks off the thread from now on, but I certainly welcome words of congratulations for her. She is a star. EMT kicks ass.

Edited by DonkeyB
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