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    • Hi, Purchased a car from Arnold Clark, Nottingham branch, on 5th April this year. Car was located in a different branch of Arnold Clark (Glasgow I believe) so was purchased on the standard proviso that it would be checked over by them etc.  Collected the car on 12th April, when I inspected it prior to handover it was noted that there was a ding/paint chip on the driver's door, a mark on the roof and damage to the screen of the infotainment (radio) where there was a chunk taken out of the touch screen. At the time I was told by the staff member who did the handover all these would be fixed as I had pointed them out to him, I even sent follow up photos of the damage a few days after. I drove the car away, signed the paper work etc. After some delays on their part the paint work was eventually booked in and fixed last Friday. The roof is still apparently being looked into (it's a standard wrap that appears to be a common issue with the car). The major issue here is the damage and chunk out of the touch screen infotainment system. This forms a major part of the car as you can change settings etc. in there. Arnold Clark are now advising me, after having a few people, including a manager there look at it, that they won't fix this, despite advising that they would during the handover. I have raised this with their internal complaints team but am receiving the same response. The general manager of the branch, who already had a very aggressive/blase attitude, which has been downright rude at points to this whole thing, treating it like's a trivial little mark. All this has left me with a very sour taste in my mouth and I'm now at a loss as to how to proceed and get this work repaired by them. Do I go to the Motor Ombudsman/finance company or?
    • You'll need to acknowledge service pretty sharpish then. I'm sure dx will pop up once you've filled in the template with the next steps.
    • It's possible, either way the OP's level of worry is far far higher, than any consequences.
    • Hi lolerz thanks for your reply. I'll fill this in when I get home. Just to let you know the 25/05/24 is incorrect I received the county court letter on fri 17/05/24
    • Can you complete this ASAP also:    
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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
        • Like

GMAC mortgage


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Called GMAC first thing and I said I needed an answer, so they said if I paid this money then the eviction will be cancelled, cheeky buggers will not put this in writing but they said that their solicitors will be sending a letter to confirm, I am really worried at the fact that they wont put this in writing,

Anyway as I put in an N244 with a hearing on tuesday shall I call the courts and explain this to them or attend the hearing anyway?

 

I am in a position to clear all arrears at the end of the month but have said to them it will be paid by end of august to give me time, I have been working day and night. 7 days a week to get this money. will take a holiday at end of July just to treat myself, I need a break.

 

I am so relieved and after being in this situation I know it can happen to anyone.

Thank you all on this site for your kind words and encouragement, I will def be trying to help anyone in this situation in the future.

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Hi, even if you get something in writing from the solicitors I would still turn up at the hearing - it's your application so you should make sure the judge suspends the warrant and you know what the conditions are.

 

GMAC are likely to tell you that yo don't need to attend court, but they will attend and if you are not there you won't know what is said. You have worked so hard to get the money together I think you should let the judge know that.

 

We can do an updated statement for your to take to court to show the judge.

 

Kind Regards

 

Ell-enn

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Ell-en is sooooo right. Dont trust em as far as you can throw em. Wouldnt it be nice to see there face when you turn up and they are not expecting you. The poor kid(i mean very proffesional solicitor lol) wont know what to do

 

Olives xx

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Just a quick thought about the "stalemate" with the payment. Can you get a recognised 3rd party such as the CAB or similar to call on your behalf. There would be a witness then if they say they will stop any eviction... and also if they refuse your payment. Either way, you are covered, as long as its an official 3rd party being witness to your offer to them. It would need to get done quickly though. considering its happening on Tuesday.

 

Failing that, you can always take £7200 or whatever it is you can offer, and offer it to them right under the judges nose AND tell the judge at the same time, that you made this offer but quite reasonably requested anything from them in writing (ie. stopping the eviction proceedings), which was refused. You're only covering your own backside after all.

 

Good luck.

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Thanks Gni03349, I should have thought of that when I called. In court tomorrow and have never felt so confident going into court am basically gonna tell GMAC were to go right in front of the judge, I acknowledge the debt and am committed to paying it have paid off more than 75% and the rest is to come soon, have been paying on time for last 5 months.

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Hi, do you need an up to date statement for court?

 

Ell

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Good Luck for tomorrow - I'm sure you will be fine :)

 

Ell-enn

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No news at all, got to court and GMAC didnt turn up, been told it was changed to Thursday 2 pm, same court. not happy at all eviction is for friday and no word from their solicitors.

Got back home to find a letter from the court stating that date had been changed. another two sleepless nights, it is torture

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Hi, try not to worry too much, I'm sure the eviction will be suspended. You have paid a lot towards it and have a proposal to clear the rest quickly - you'll be fine.

 

Ell x

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I Hope so Ellen

 

took day of work today so will have to get some time off for the hearing, have been allocated 5 minutes for the hearing hope they are not thinking they can take my house in 5 minutes

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I Hope so Ellen

 

took day of work today so will have to get some time off for the hearing, have been allocated 5 minutes for the hearing hope they are not thinking they can take my house in 5 minutes

 

I'm sure it'll be OK, to put it into perspective - if you don't get the eviction suspended I'll stand naked in our Co-op window ;):D

 

Ell

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This waiting is literally killing me, I cant get any sleep and am at work today but cant seem to get anything done, anyone got any ideas on how to kill the time till 2 tomorrow.

This is when I wish I had young man handy, its not easy being young and single.

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This is when I wish I had young man handy, its not easy being young and single.

 

He'd only complicate things some other way ;):D

 

Stay positive - you'll get there and it will be such a relief

 

Ellx

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Dont worry but if things go wrong and they wont imeadaitly ask the Judge to suspend the eviction for 7 days so you can appeal to a Circuit Judge or make an application under the Law and property act for an order for you to sell the property It wont come to that Im sure but just in case will be waiting to hear later good luck

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Ok guys, will let you all know what happens either way, I will be back online by 3 pm,

Bona I have printed of the relevant case law on the Law & Property Act, hoping it doesnt come to that though.

those of you that are religious will you make a silent prayer for me, my life depends on this.

Eviction is for tomorrow at 11. trying not to think of that, but have taken day off tomorrow maybe to celebrate or pack up.

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You'll be celebrating ;):)

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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