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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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N1Form and N208 Forms and can you update a claim with a new form


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Hopefully someone may be able to help on this one: After leaving my last rented property our landlord refused to pay back our deposit and it had not been protected in a protection scheme. we lodged a small claim on a N1 form to the county court, which was checked at the court when we originally lodged it. The claim was under the s214 housing act 2004 for and ordered that the defendant repays the deposit and an order to pay 3 times the amount of the original deposit. we have recieved back a defence letter stating that the claim should have been entered on a N208 form and the case should be thrown out by the judge. i have a few questions: 1. can the judge throw it out due to this? 2. if yes can we submit the correct form to this case before it is thrown out? 3. if the case is thrown out can the judge order the DPS to release the frozen deposit or can we revert to the DPS to get the remainder of our deposit back? any help would be muchly appreciated Thanks

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My advice is applicable only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your spouse/partner/children if any] had exclusive use of a seperate dwelling, which was not shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted.

 

 

1. can the judge throw it out due to this? 2. if yes can we submit the correct form to this case before it is thrown out? 3. if the case is thrown out can the judge order the DPS to release the frozen deposit or can we revert to the DPS to get the remainder of our deposit back?

 

 

Question 1.

 

Yes.

 

Often, the court will allow a claim to proceed even if the procedure used is technically incorrect, where a party is acting without a solicitor; but practice on this varies widely between one county court and another. The Judge can allow an amendment, but he can also throw out the case if he wishes.

 

 

 

Question 2.

 

Yes.

 

In case of doubt, you can apply to amend, submitting the application to amend, the court fee on that application, and the actual amended document; but it is worth asking the court by telephone first whether this is necessary. In some county courts, the Judge will take a more flexible approach, if you are unrepresented. For example, he might waive the court fee that is payable on lodging an application to amend.

 

 

 

Question 3.

 

No.

 

If the case is thrown out without a hearing about the merits of the substantive issues of the claim, you simply pay a new issue fee, resubmit all the correct documents, pay any wasted costs order, and start again.

 

You have to win the case before the Judge will make any order.

 

 

This is a very simple procedure, yet you are all at sea already. Consider carefully whether, realistically, you are capable of handling this claim without advice or assistance from a professional, such as the CAB, the housing charity Shelter, or a Solicitor.

Edited by Ed999
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