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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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ok

 

Do you own the address that it has posted at?

 

you need to contact the local court and ask

 

1 confirm that a decree was granted

 

2 the address the papers were served too

 

3 date of decree

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ok

 

Do you own the address that it has posted at? Yes

 

you need to contact the local court and ask

 

1 confirm that a decree was granted - Yes

 

2 the address the papers were served too - they were saved and just found out that my partner requested time to pay but that was rejected by the pursuer

 

3 date of decree

10/10/2007

 

 

hi Ida, just phoned up the court, and got the above info.

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2 the address the papers were served too - they were saved and just found out that my partner requested time to pay but that was rejected by the pursuer

 

 

your partner? so were they served to both of you or just you and your partner replied as you ?

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2 the address the papers were served too - they were saved and just found out that my partner requested time to pay but that was rejected by the pursuer

 

 

your partner? so were they served to both of you or just you and your partner replied as you ?

 

 

Hi

 

this decree was made against me only in 2007 (however, it does not show on my credit report). At the time I was suffering bereavement and depression and cannot actually remember anything about this decree or papers surrounding it. It was only when I phoned the court that they said that the papers were served to my current address and that a time to pay order had been rejected by the pursuer. I do not even know what this debt is for to be honest. I am assuming it is an old credit card or something, as it is a debt collection agency who has taken me to court.

 

My partner may have requested time to pay, she is not 100% but I know it was probably not me because I couldn't deal with anything at the time.

 

 

This order is preventing me from selling or releasing equity in my property, as the interest on the original debt of £1700 is now £3000 and continues to grow. What do I do, how do i go about finding out if I own this debt, why would a time to pay order be rejected and this monstrous order passed!

 

Thanks

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ok,

 

Because there was a response you will be unable to recall the decree.

 

The only option now would be to try and come to an arrangement with them to pay by installments etc and see if they would defer the inhibition order but it is unlikely they will stop the inhibition order because no payments ahve been made before.

 

Time to start letter writing making an offer of payment.

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

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ok,

 

Because there was a response you will be unable to recall the decree.

 

The only option now would be to try and come to an arrangement with them to pay by installments etc and see if they would defer the inhibition order but it is unlikely they will stop the inhibition order because no payments ahve been made before.

 

Time to start letter writing making an offer of payment.

 

Thanks Ida,

 

However, the inhibition order is already in place, so would not imagine it will be removed. I have decided to seek the help of a solicitor on this one.

 

Thanks for all your help.

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