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TBH gotta be quite frank here as much as we hate BM world. why didn't you not simply change the battery? or come here FIRST before launch a court claim? or let them do it.? a flat battery is gonna be a hard case to win +£500 on -
Any update on what you've decided to do CD? -
By occysrazor · Posted
Hi all, thanks for the feedback. I have now made the final amends and included the supporting evidence in this final version of the WS / court bundle. Attached is the redacted version of this final WS / court bundle. If there is any further feedback, please do let me know. If not, I will get 2 copies printed for posting - 1 to the court and the other to Evri. Final Draft - Witness Statement and Court Bundle redacted.pdf -
We dispute the claim on the basis the claimant has made not efforts to mitigate their losses, nor did they obtain any prior authorisation. The claimant purchased a used Mini Cooper Convertible from our dealership on or around 21st April 2023. On or around 23rd April 2023 the claimant notified ourselves that the vehicle had failed to start, the claimant had since had this diagnosed as a battery. The Claimant proceeded to book their vehicle with Stephen James (BMW/Mini Main Agent) and authorised a battery replacement and paid a total sum of £597.42, the claimant obtained no authorisation for this cost beforehand, and has since tried reclaiming the full amount. We have advised the claimant we would not consider the cost of the unauthorised repair he has had completed. Had the claimant returned the vehicle to the selling dealer, it is likely we would have offered to replace the battery at no further cost to themselves, we have therefore agreed to offer a contribution of £165 towards the repair. This cost is in line with the cost of a replacement battery had the vehicle been returned to ourselves. -
You can only get a CCJ if you lose the case and then stick two fingers up to the court and refuse to pay. Even in the very, very unlikely event of you losing, as long as you paid within the 30 days ordered by the court you wouldn't get a CCJ. But you've come here very late and we need the sticky filling in please.
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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.
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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.
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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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