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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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HFC/Restons Claimform - Marbles now Beneficial Credit card - panicked and paid restons one figure - they want more !! _d judge ordered a STAY, now SJ


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Its that they have provided credit card statements also, so i wondered if they could class that as inforceable?

 

Nope, they will get nowhere in court with that with a decent DJ, I had this with MBNA where they kept saying "the money is owed" - Judge said" but have you seen an agreement? " They said "No" Summary judgement dismissed and later they discontinued.

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Thank you so much for that, I have been really worried about it, I couldn't believe my eyes when they sent that agreement through with nothing on it, they have been giving me a really rough time, my dad is ill at the moment so this is putting extra pressure on me. They are very devious, they have only gave credit cards statements from 2007-2009, but the card was taken out in 2001/2002.

 

I will let you all know how it goes, Do I reply on this thread?

 

Once again, thank you so much for your help.

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Hi, I have entered a defence (via solicitor) but I am representing myself I have no more money. I am in court with Reston's next week so I don't think I have time to write to them and ask for all the statements.

 

I am in court next week to get them Struck Out because of the credit agreement, but I am a bit confused on what to say in there? Also Reston's have applied for a Summery Judgement but they after sending me a letter to withdraw my defence or they will apply for a summery judgement against me ( this is going to be heard later) as I applied for mine first.

 

All the documents they have sent me have come via the court ( I only got them on Thursday) this included there application for Summery Judgement, A Marble's Agreement ( no signiture, no date just my name and address filled in by them) and card statements from 2007-2009.

 

Do I have to reply to the Summery Judgement? If so do anyone know what i have to do, also do i make a list of costs, and do I have to reply tho the agreement they have sent?

 

If anyone could give me some pointers it would be great.

 

Do I have to have my reasons for a Strike out written down to present before the Judge?

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You should have put your reasons on the N244 application to strike out, or in an attached witness statement. Did you not do that ?

 

A reconstruction can be provided for an s78 request made under the CCA1974, but the original should be provided in court.

 

Have a read of the following thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?260167-Another-Nasty-Bank-v-little-old-me-claim-issued/page3

 

post numbers # 8, 23 and 25 are the most important as they deal with documents that dont meet the requirements. But have a read of the whole thread which isnt a long one so you can better understand things.

 

HTH

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