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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.

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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.
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      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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IND Court Claim Received


Kasier
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Kasier

 

'If' you can still file on-line, you'll need to add a couple of lines...... honesty is the best policy if this starts to go t*ts up.

 

Make sure you state that the claimant party verbally agreed to extension re: 15.5 but has failed to ack in writing, and has failed to ack a request for disclosure pursuant to 31.14.

 

Add 1 further line requesting relief from sanctions CPR 3.9/3.10 [link below] in the event that the defence is considered late in filing. If you have online billing for telecoms you can state that documentary evidence of telecon dates/times is available in support.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/contents/parts/part03

 

Gez

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Ok so i've had nothing through from them :( which is a little concerning, also they never responded to the 31.14, assuming the extension is true what can i do next. i'll ring the court and see if they either received the extended or apply for judgement.

 

kaiser, as was posted it was for you to notify the court before the defence deadline of an agreed extension with written confirmation from claimant in support. as they didn't send confirmation by return, it is concerning. hope is now that they have not as yet applied for judgment. as G said, you must check with the court & get a defence in asap.

Edited by Ford
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  • 2 weeks later...

Just a quick update and some advice, I got my defence in and it was acknowledged, the deadline for that was Monday 12th March, i received a letter saying that IND/Robinsway have 28 days to respond, but today i received some of the info i requested for the cpr 31.14 but it was only 3 months of credit card statement dated April, May and June 2006 does that prove i owe them?

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Kasier

 

It's an aged account, any sign of an agreement?

 

Have you learnt anything from this forum, you seem to be asking a question which has an obvious answer........ don't mean to appear rude but if you intend to defend this you MUST take some time to try to understand the case against you.

 

Gez

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Hi Gez

 

There was no agreement, just statements with a covering letter. im pretty sure that doesn't prove i owe them, i just wanted to be sure.

 

I believe i understand the case against me but im maybe being over cautious.

 

Kasier

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Just a quick update and some advice, I got my defence in and it was acknowledged, the deadline for that was Monday 12th March, i received a letter saying that IND/Robinsway have 28 days to respond, but today i received some of the info i requested for the cpr 31.14 but it was only 3 months of credit card statement dated April, May and June 2006 does that prove i owe them?

 

so, they did actually notify the court of a 14 day extension? that's unexpected!

 

but, to date, they have not satisfied your cpr request? as gez says, wait to see if they send anything else and/or continue with the claim in the 28 days. ps or could consider making an application re order for them to comply fully, otherwise struck out?

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