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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
      • 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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ebay ticket tout threatens court action


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Just because there may be another breach of an associated contract does not prevent a subsequent contract being valid. If I agree to buy a car from a dealer it really doesn't matter if there has been some breach of contract between the dealer and the person he is buying the car off.

 

It is also the case that the buyer would definitely be breaching a contract based on the anticipated breach of contract by the seller. Not a good place to be, and not all breaches of contract will entitle a party to rescind. The buyer might just be entitled to compensation. Any action that the seller is open to from ebay because of the breach of ebay's t's and c's may not effect the buyer's case.

 

Lots of ifs and maybes. All in all, fairly ropey.

 

On another point, I think that it is ropey from a conduct point of view for a barrister to 'threaten' another party to a legal dispute with his status as a barrister. Worth checking the conduct rules I reckon.

 

Well, yes and no..If the original car was stolen for example then it would nearlyy always remain the property of the original owner no matter how nay owners/contracts it went through further down the line..I know thats veering off slightly into criminal law but I can imagine there maybe similar civil cases.

 

In the case here the seller is not saying 'you are buying the tickets' but 'when the tickets become avilable, ill send them to you', however this practise would appear to break ebay's 30-day rule, the seller (in taking legal action) would be totally relying upon ebay's T&C but it could be argued that as he himself has broken them and the buyer was worried he wouldnt get his tickets he is entitled to withold payment. (and of course there is also the 'tickets cannot be re-sold' issue, if indeed they can't.

 

Andy

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Cars - not necessarily (for eg finance) and it would be a criminal matter and that effects the validity of the contract. And it is a title issue. Here at least there is good title to the tickets. I'm talking about a 'normal' breach of contract. The wrong colour or something.

 

As for undelivered goods - this is done nearly all the time with stuff. Especially on ebay where drop-shippers are common. It doesn't effect the contract. The seller wouldn't be relying on ebays ts and cs to sell, just normal contract law. Offer, acceptance, consideration. All the other stuff with the 30 days, and the ts and cs of the ticket sale might be nothing more than a distraction.

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