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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
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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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Want to claim but Scottish reg address


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Q, I have flagged your post for the site team:)

 

If I recally correctly, the address you have been corresponding with is in England isnt it ?

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Hi,

 

 

I'm sure you can start your claim at your local county court.

 

Your Particulars of Claim must contain the following statement if you are using a defendant's address outside England/Wales:

 

"'I state that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."

 

Please note that if you do this, then the period of time for the defendant to file the acknowledgement of service or the admission is extended from 14 days to 21 days from the date of service of the claim (if the particulars of claim are served with the claim form) or 21 days from the date of service of the particulars of claim if they were not served with the claim form - remember, the deemed day of service is two days from when it was posted.

 

The time for filing a defence is 21 days from the date of service of the particulars of claim or 35 days from the date of service of the particulars of claim if the defendant has filed an acknowledgement of service.

 

 

 

I'll have a look around for some more info.

 

Regards.

 

Scott.

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Your Particulars of Claim must contain the following statement if you are using a defendant's address outside England/Wales:

 

You'll also need to file a form N510 Service out of the Jurisdiction and tick the appropriate box.
  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks very much - the lady at court mentioned this too.........

 

"'I state that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."

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Moneyclaim has now changed their online form. You can now enter addresses as long as they are in the EEA. You no longer have the boundry issues between Scotland and England. You can now live in Scotland and sue someone in England (using your scottish address) and vice versa.

  • Haha 1
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Moneyclaim has now changed their online form. You can now enter addresses as long as they are in the EEA. You no longer have the boundry issues between Scotland and England. You can now live in Scotland and sue someone in England (using your scottish address) and vice versa.

 

 

Thanks for this little snippet :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...
  • 2 weeks later...

Irrespective of the court being used, are these charges you are pursuing arbitrarily reached? (By that, I mean without their express agreement?).

 

Speculative actions like this are often treated with contempt, and any action you raised can be transferred to the relevant court (in this case, Scotland). This can then turn the tables on you, in that they appear and you do not, with the result they request expenses and your costs go up again.

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"Irrespective of the court being used, are these charges you are pursuing arbitrarily reached? (By that, I mean without their express agreement?)."

 

 

To be honest, no DCA is ever going to give their "express agreement" to your admin fees.

 

Also it seems that judges are unhappy about DCAs that want to make a huge fuss about a simple small claims fee, such as a charge for a letter, telling us that such a commotion is "disproportionate to costs"...

 

Of course it is not rocket science but one has a choice of either letting DCAs/Banks treat one like **** or fighting back here.

 

I took the latter course of action. Others must decide for themselves.

 

 

:)

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Hi Questioner

 

A question for you now ! I am in a similar position suing in England a Scottish DCA for wrongful harassment (alongside an English utility company). I've just been to the court as the judge has said I now have to complete N510. The court were unaware and didn't really know which box to tick ! Nor does any box have the exact wording above in this thread - but they are all so similar !

 

So they said to tick the first box (related to "proceedings in which rule 6.32(1)(b)(i) or 6.33(")(b)(i) applies" - does this sound the same ? - the entire wording is somewhat lengthier !!!

 

Thanks if you have the answer !!!

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I am sorry - I don't think this sound very familiar or quite the same as my issue.

 

Mine was just a simple small claims matter over an unpaid admin fee and not like your harassment situation, although I am sure there must be similarities ..

 

Perhaps others with more legal know-how could shed more light on it for you?

 

However - I can see the format similarities that you allude to...

Your N510 has....

“I state that the [High Court of England and Wales] [ County Court]

has power under the [Civil Jurisdiction and Judgments Act 1982] [Judgments Regulation (as

defined in CPR rule 6.31(d))] to hear this claim, that the defendant is domiciled in [the United

Kingdom] [a Member State] and that no proceedings are pending between the parties in the

courts of any other part of the United Kingdom or any other Member State.”

Mine has .....

"'I state that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."

 

They are in fact very similar so perhaps you are indeed on the right track.

 

 

Do get it checked first though ok...

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