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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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      Many thanks 
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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Received a CCJ (by default)... OPC Parking Ticket

jpaul3767
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  • 2 weeks later...
jpaul3767

jpaul3767

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So tomorrow is the day of reckoning. Got all my papers sorted out and my defence is ready to be spoken. Hope it goes well. Going to ring the court later to see if it is still going ahead, incase OPC have decided to not go through with it.

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jpaul3767

jpaul3767

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So judgement successfully set aside this morning. I was telling the judge about the fact that the car was parked on a road that is not named in the contract between the land owner and OPC, and the road had no signage, and no markings what so ever. He said that there was enough reason to set the judgement aside, but it would have to be proven in court that the signage was not sufficient for the road, and that if it was proven otherwise then I would have to pay the sum of money asked. It seemed as if he hadn't even read my defence, as at the beginning he said "I have managed to skim through some of the documents and the photographs, but I haven't read it in detail". Kind of scary to be honest. Anyway, the guys answer to the judges question of "The orginial sum of monies owed was £100, how did it manage to get to over £1000?", was "I do not know how this figure came about your honour, i don't have the relevant documentation."

 

All in all, nerve racking, but glad its over. Now to concentrate on the real fight!!!

 

Thanks to everyone who has helped, especially Al27.

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jpaul3767

jpaul3767

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Yes I asked the judge at the end of the hearing how I go about making a counter claim to get back the £75 for the N244. He said he will put a reservation on the £75 for the hearing, and if I win, then the money will be returned to me by OPC. If I lose, then I get nothing and have to pay for the parking tickets. He didn't sound like he was on anyones side, but he did say that the reason for being there was not to decide who was right and who was wrong, but simply to see whether I had the right to get the judgement set aside. And it seems like I had the right.

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Al27

Al27

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Good work.

 

This was just to get the judgement set aside. Of course, there are plenty legitimate claims out there and it's not always the claimant's fault that the other side didn't defend.

 

The judge was right in just concentrating on this aspect.

 

On the upside, OPC are probably a bit miffed, and from a purely statistical standpoint, they are very likely to lose and have to pay your £75.

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  • 2 weeks later...
jpaul3767

jpaul3767

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Hiya. I need to send my allocation questionnaire to the court by the 22nd September, but they still have not sent it yet, so will ring them tomorrow to find out whats happening. But also, I wanted to ask, if I want to add another point to my defence, point being the road my car was parked on is not a road that OPC's contract states it is regulated to patrol, do I have to send it to the court before using it? Or can I turn up on the day with proof of this fact? Thanks

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Bernie_the_Bolt

Bernie_the_Bolt

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I may be wrong but my understanding is that evidence that "ambushes" the other party can be disallowed. Always best to send it in.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Bernie_the_Bolt

Bernie_the_Bolt

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May well be but I am just wary in case anyone bases their approach based on some TV court room drama!

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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  • 1 month later...
jpaul3767

jpaul3767

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Papers received from the court a few days ago. The hearing will take place on 13th December. Starting to get all my paperwork together and print off copies for the court and for OPC, as it all needs to be in by 11th November. Also it says the order was made on 30/9/2010, but I only received the package a few days ago, does that seem strange or is that normal? Anyway, I will keep you guys informed. Any tips then please send me a private message. :-)

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