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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 
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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
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court date mnba help!


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He's obviously entitled to his opinion :-)

 

You've issued CPR 31.14 letters on a claim over 5k, the letters may well be "toothless" but an application into the court and the subsequent order by the judge wont be.

 

As with all threats its only powerful if followed up by an application to court, so if you want to force them to disclose then you'll need to get an application into court.

 

S.

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Why not just wait until AQ stage and request said documents within your Directions (Fast Track) that way you save £40

and you get the DJ to issue your ultimatum.Now thats got teeth:wink:

 

Regards

 

Andy

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LL if you want to put in an application its form N244 from the hmcourts website, we can guide you through filling it out... or you can follow Andy's suggestion and wait until the AQ stage which probably wont be long as you've filed your defence now.

 

S.

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my solicitor says she has spoken to link and they would like my ex partners details as we think it is he who took out this card...but I'm thinking hang on a minute...they havent produced anything despite my requests and i dont think we should at this stage be giving them anything when they havent provided anything to prove this debt exists? wondering if she knows what she is doing?

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I have to agree, you should not send anything they to do the proving.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 weeks later...

finally received a copy of the agreement very small hard toread. i note that on the signature page it refers to condition 11 on the t & cs but on the t & c page there isnt a condition 11. I seem to remember that before 2003 there was a discrepancy about the t &cs? they also sent copies of letters sent to my old address in 2008 and 2009.

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Can you post that up for the Guys to see please.

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Application flyer with no prescribed points as defined by the CCA1974.

 

Andy

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that is definitely not a complying agreement.

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sorry is that that they should have sent? what do i reply to them?

 

Nothing you know its useless let them try to enforce it.

 

 

Andy

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No because then they will produce a reconstituted version and some gullible DJ will accept as ok.

Forewarned is forearmed.:wink:

 

Andy

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Lots of that going on Any seen lost today.!!

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No because then they will produce a reconstituted version and some gullible DJ will accept as ok.

Forewarned is forearmed.:wink:

 

Andy

 

so im best to just let it run now and wait for the court date? sorry im such a numpty..are they likely to suddenly produce something else in court and leave me with no defence to it? and surely if they prduced a reconstituted version it would be obvious?

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Shouldn't think so or they would have sent one in favor of what you have received.

 

Andy

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  • 2 weeks later...

i ran the above past my solicitor and got this back....your comments please?

 

 

unfortunately i am satisfied that the informationthey have provided us does comply with the consumer credit act 1974. the documents disclosed to us are nto simply a copy of an original application form (which would be the printout of the online application form). it is clear from the documentation that they haveprovided us with a signed agreement along with the terms and conditions that are the prescribed terms under the regulations. in particular in respect to the amount ofrepayments which is contained at 1.4 and 1.2 in addition to that the rate of interest is also stated and in my opinion that amounts to a statement of repayment.had link simply sent to us a copy of the online application form i would agree with you that this would not comply with the consumer credit act, unfortunately as they have produced the signed form which was subsequently sent to you along with the terms and conditions this will satisfy the consumer credit act section 60 (1) cca 1974

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