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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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Do you know which bailiff company is involved? Not only are they in breach of MoJ National Standards for Enforcement Agents, they are in breach of OFT rules if they are OFT-licensed. Could you post up the name of the bailiff company, please?

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Goodwill Gesture a very much abused form of settlement and, if the law is followed to the letter, they are only appropriate in cases where a company has genuinely done nothing legally wrong. In this case, what they allowed to happen was legally-wrong. Saying they acting within their guidelines is total bovine excrement and I agree 100% with Lookinforinfo that there is no legislation with which their guidelines comply. I also concur with Lookinforinfo that if this matter had been progressed through to conclusion, the fees would have had to be refunded in full and that the bailiff and management of the bailiff company would have been in serious trouble and may have found themselves facing criminal charges.

 

Whatever, this incident does need to be brought to the attention of HMCTS HQ and the police forces within whose areas the bailiff operates. There are potential child protection issues that cannot be ignored. Perhaps, contacting BBC TV's Watchdog programme or similar would draw the public's attention to this problem and embarrass the powers-that-be into acting in the public interest, not commercial interests.

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Might be an idea to write to the District Judge at the bailiff's certificating court, enclosing the evidence, and ask if the DJ requires a completed Form 4. It has been known for a DJ to discharge a bailiff's certificate without a Form 4 or a hearing.

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