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    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Rejecting Vehicle - Advice Please **Won Refund**


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Sadly you have found one of the many pitfalls in going through the courts. Although you won by default with the other party not attending. You still aren't any better off. Traders like this know that if they don't turn up in court you then have to get a court order to get your cash. He then says to the courts I can only afford a tenner a week and your still left waiting to get your money back.

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Withuot wishing to step on anyones toes here, I've said what poeye said before on here.

 

Getting a judgement is NOT the same as getting paid.

 

These charlatans trade as a ltd co, as soon as there's any grief they disappear then set up again down the road.

 

I feel sorry for the OP, these people get the car trade a bad name.

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Exacyly oddjob. They know that the cars they are selling belong in a scrapyard but continue trading knowing all the tricks to avoid getting any grief.

 

At last, we can actually agree on something! Let's try and do something about it then!

 

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At last, we can actually agree on something! Let's try and do something about it then!

 

The thing is though sam, As this thread shows only too well, Being right about the product being not as advertised is a completely different story to having the money back in your hand.

 

My advice like oddjobs, has always been, what is the best way forward for the OP. I still do not believe court was the best way forward. After all the OP still has the car and the trader has the money.

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The thing is though sam, As this thread shows only too well, Being right about the product being not as advertised is a completely different story to having the money back in your hand.

 

My advice like oddjobs, has always been, what is the best way forward for the OP. I still do not believe court was the best way forward. After all the OP still has the car and the trader has the money.

 

Which is...?

 

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The thing is though sam, As this thread shows only too well, Being right about the product being not as advertised is a completely different story to having the money back in your hand.

 

My advice like oddjobs, has always been, what is the best way forward for the OP. I still do not believe court was the best way forward. After all the OP still has the car and the trader has the money.

 

Which from my point of view is do all yuo can to get the dealer to fix it properly (as I previously said) and if they just can't or won't then you have to go to SCC.

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  • 2 weeks later...

Hello everyone and thank you for continuing to take an interest. This is not a small claims - currently its in excess of £6K and so has not gone through the small claims (I think, actually my solicitors are dealing with it now). I did try to get the seller to fix it, but they were incapable of doing so and became aggressive to deal with. As a female who has to deal with most things by myself, I shy from bargy men with aggressive complexes. They have though invested quite a lot of time and money in their public image, I don't believe they would disappear easily or quickly. Which doesn't fail to surprise me as to why they are not dealing with it. I will keep the forum posted with goings on in case anyone else has the same issues in the future as it can be quite comforting to read what others have to say on the matter. I am lucky that I can wait for the money and have another vehicle to use in the meantime. Slow process but I am not giving up!

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@popeyethesailortam - I don't have the vehicle, trader picked it up to fix it in January, failed to fix it, said he would try again and call me the next day, never called me or returned the vehicle to me. That was January, this is JULY!

 

Also worth noting, this vehicle was never registered to me at DVLA, which they promised they had done when I bought it. I asked DVLA who couldn't tell me who is the registered keeper, but was able to verify and confirm that it was definitely not myself.

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  • 6 months later...

Apologies for taking so long to update readers of this thread. By doing so now I hope to restore faith in the legal routes available to us and to those reading this who have a similar problem. I know I was searching for this when I first was having problems, so if reading this helps, then I am very happy.

 

Following about £1000 in court fees, legal costs etc I got a favourable result via a cheque from my solicitor covering the cost of the Range Rover, legal costs and interest.

 

This cheque was given to me in October 2012 - sorry to not update this thread sooner!

 

It took an application to the court, from which I was granted Judgement by Default and then an enforcement via a personal visit to the car dealers premises by a High Court Enforcement Officer to get my money back. But it worked.

 

Then, the car dealer in question, after paying up, then decided to challenge it by making an application to the court to move the hearing that had already taken place. Their reason being that they knew nothing about this until the visit by the HCEO, yet in the same sentence on the paperwork then said they had actually filed a 'valid defence'. YOU DECIDE! The court gave them 7 days to duplicate evidence of this defence, which they then failed to do so. Apparently it is quite common, having got money from someone via the High Court, that it is then challenged back to the court, which is worth bearing in mind if you are taking this route. Document as much as you can and give the other parties a fair chance to put things right - I gave them about six months to put it right!

 

My solicitor was invaluable in the outcome of this case - I could have done it without her, but being so busy (I run my own company) I was unable to dedicate the time and often felt like I didn't know what the best thing to do next was.

 

I am obviously very pleased with this outcome. If anyone has any questions at all regarding this, please feel free to ask - I would be very happy to help if I can.

 

Reading this forum has helped a lot, so thank you to the site owners.

 

Good luck! x

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Apologies for taking so long to update readers of this thread. By doing so now I hope to restore faith in the legal routes available to us and to those reading this who have a similar problem. I know I was searching for this when I first was having problems, so if reading this helps, then I am very happy.

 

Following about £1000 in court fees, legal costs etc I got a favourable result via a cheque from my solicitor covering the cost of the Range Rover, legal costs and interest.

 

This cheque was given to me in October 2012 - sorry to not update this thread sooner!

 

It took an application to the court, from which I was granted Judgement by Default and then an enforcement via a personal visit to the car dealers premises by a High Court Enforcement Officer to get my money back. But it worked.

 

Then, the car dealer in question, after paying up, then decided to challenge it by making an application to the court to move the hearing that had already taken place. Their reason being that they knew nothing about this until the visit by the HCEO, yet in the same sentence on the paperwork then said they had actually filed a 'valid defence'. YOU DECIDE! The court gave them 7 days to duplicate evidence of this defence, which they then failed to do so. Apparently it is quite common, having got money from someone via the High Court, that it is then challenged back to the court, which is worth bearing in mind if you are taking this route. Document as much as you can and give the other parties a fair chance to put things right - I gave them about six months to put it right!

 

My solicitor was invaluable in the outcome of this case - I could have done it without her, but being so busy (I run my own company) I was unable to dedicate the time and often felt like I didn't know what the best thing to do next was.

 

I am obviously very pleased with this outcome. If anyone has any questions at all regarding this, please feel free to ask - I would be very happy to help if I can.

 

Reading this forum has helped a lot, so thank you to the site owners.

 

Good luck! x

 

 

Hi

 

Which solicitor did you use?

 

regards

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