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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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Egg


maddyrose1664
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Just to let you know that I too had one of these defence and counterclaim letters signed by same guy. Egg did not pay the fee for the counterclaim part, and were given extra time to pay it. It has now been dismissed as they didn't pay, LOL....

The defence is still going ahead and I am now being sent the allocation questionairre. Maybe it would be worth looking into yours as to whether they have paid the fee yet.......just a worry tactic????

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Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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When I received the defence & counterclaim, there was no allocation questionairre with it. So, Called the court to enquire about the proceedure, that's when they told me that Egg hadn't paid the fee. At that stage court were giving them little extra time to pay it. So I guess if you have received the allocation questionairre, they will have paid the fee. However, if not it's worth giving the Court a call...Best of Luck.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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  • 1 month later...

Don't bottle it now...Have you read my letter?? LOL. Has a Court Date been set? I am sure you could find help, advice and a court buddy. Really, try not to give into their tactics.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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  • 3 weeks later...

Sorry you had to quit Maddy and really Best Of Luck with all your other claims.

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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