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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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Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


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I can think of a few other things I'd like to throw...sledge hammer..machete..etc!! I'm so glad you've got yourself a good solicitor, it sounds like you're gonna give them both barrels! Brilliant!!

 

Well I've got 7 days to construct my masterpiece but I've got a feeling they won't even bother defending; they know full well how all this is going to pan out ;)

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welcome really are wonderful at the stalling letters arent they!!

 

I feel a nice LBA going on from me if i dont hear back from the solicitor soon!

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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  • 2 weeks later...

Its definitely our garden, not fenced off, open to the footpath but no dropped kerb for access on to it, although there is a dropped kerb access to the shared access to our back garden. But it is 100% our garden, no disputing that.

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If it's not private property then it must be public property surely. So are the public entitled to rights to it as much as you are??

 

My car was parked on my drive when they took it, prior to this I had a recovery agent come who went away without the car saying he couldn't take it off private property.

 

If anyone else can confirm I would appreciate this!!!

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Sooooo....... Good news from the postie today!!!!

 

In response to my complaint about Welcome taking the car off my premises without a court order Welcome have replied with.....absolutely nothing!!!

 

Their answer is that they maintain they served all the correct notices and the police were satisfied with the paperwork and did not express any concerns with their intentions to remove the car.

 

No mention of why they took it off my premises! They've conveniently ignored the most important bit.

 

It seems their defence is: "well the police didn't say we couldn't come on to your premises and take the car, so it must be ok."

 

It will be very interesting to see what a judge has to say on that matter.

 

Cheeky sods have requested I don't contact them again as they are unable to agree to my proposed settlement!

 

There is even a clear invitation to take them to court also and they even state the address they accept service of court papers to. How very kind of you Welcome, thank you very much.

 

Court papers are ready and will be served today :D

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Loving the date of submission hehe!

 

kregrs from that pic I would say thats your property

 

Hope you dont hear anything soon Wannabe :lol:

 

Could you send me the address you used for claim form as their address thank you :D

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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Thats the one I put too :D

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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I want one of those letters although I cant imagine they will bother.....tick tock tick tock lol

 

I have had a guest on my thread for over half an hr hope they having a good read :lol:

 

Was it yesterday or today they were served?

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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I'm a bit confused :confused:

Had a notice of issue today, which I was expecting. I thought it would be wait 14 days for them to acknowledge etc etc but instead it is a notice of issue of fixed date and gives a date for the hearing of my application for Return of Goods. Is this normal???? I thought they would be given the opportunity to acknowledge or defend or something before there was a hearing?? :confused:

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Ooooo I had better investigate one of those........

Has it been transferred to Notts or still at your local CC?

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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All I have found so far is a form nothing relating to why a hearing of that type is allocated etc :confused:

Yea give them a call is probably easiest, hope the hearing date isnt too far away :)

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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It's all very strange. It says it's a hearing for the claimant's application for Return of Goods, but I didn't specifically make that application. So basically they don't have to acknowledge or file a defence and it's just up to the judge on the day??

 

Not too far away, 4 weeks today ;)

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