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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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ive messed up big time but ****WON****


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Give them a weeks notice to file a defence, or you'll apply for judgement in default. Use this - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/34232-judy-3.html#post495803. Take note of the instructions on that post regarding faxing SC&M with it as well as post, plus sending a copy to the court.

 

If they don't respond within 7 days, then file for judgement.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Give them a weeks notice to file a defence, or you'll apply for judgement in default. Use this - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/34232-judy-3.html#post495803. Take note of the instructions on that post regarding faxing SC&M with it as well as post, plus sending a copy to the court.

 

If they don't respond within 7 days, then file for judgement.

 

Unfortunatley i once again shot my bolt early (not unusual the wife says)and applied for judgment earlier today at the court ,as i read on another thread that the court struck out the defence by default and they were paid within a week. Only since reading others have i realised they will apply to set it asside,giving them more delaying time.

I have read the JUDY letter,it would have been perfect but is it not now unapplicable as i have already (stupidly) filed for judgment by default?

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I faxed this to S.C.M today

 

Dear Sir/Madam, 6/02/07

Re:Claim no 6QZ61854

 

I write in relation to the above claim and specifically for the proposals you intend to make to me in order to settle the claim, before a court hearing as per your request in the allocation questionnaire dated 30/10/06.

 

You requested a stay to be ordered , in order that a settlement is reached by way of negotiation. And as yet you have failed to contact me once in the three months since the AQ.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the honourable court's order in such contempt as not to respond to this letter positively and in the manner in which your request for the stay has indicated.

 

As such, I will expect a response within two weeks prior to the date set by the court for the directions hearing 12/03/07 informing me of how you intend to proceed.

 

A copy of this letter has also been sent to the court.

 

Yours faithfully

 

As i said yesterday im now worried they will ask to have my default judgment set aside and i was wondering if anyone could help with any ideas regarding sending a letter to the court to the judge, asking him to consider very carefully their request (to set it aside) as i see it as yet more time wasting tactics from a defendant whom has yet to even defend one single case in court ultimitley because they do not believe in the strength of their case.

Does anyone think its a bad idea to compose such a letter?

Thanks.

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Just wait for the default judgement to come through now - there's not alot you can do untill it does. They may try to set aside, they may not, you just have to cross that bridge when you come to it.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks Gary ill do just that,the only reason i was thinking about writing a letter to the judge to try and disuade him from letting them set aside was because he seemed fully aware at the ammendment hearing of how they put off and put off the inevitable conclusion to simply try and get people to drop the case through frustration.

 

P.S do you think the wording of my proposal to settle letter was okay(even though most of it was your text, so sue me ,just kidding B.T.W)

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Yes, thats fine - sending it certainly won't do any harm, you've nothing to lose and everything to gain.

 

Don't worry, I won't sue! There's no copyright on any of my letters, in fact if people are getting benefit out of them then thats great.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Glad to be of help:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I got a letter this morning from the court saying

 

1. This matter is to remain listed for hearing at court for the 12/3/07.

2. No judgment to be allowed.

 

So it looks like i should get the new draft order ready for then, also has anyone been to a directions hearing ? Just to know what is expected of me and what i should take along.

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Here you go, this should tell you all you need to know -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/64911-got-court-date-guide.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

After a very bad last week (fell off a roof breaking six back vertbreae my chestbone and little finger for good measure) i got some great news when checking my account online

THEY ONLY BLOODY PAID UP!HALLELUJAH.

So i would like to thank everyone who has posted on my thread and other usefull threads, also the moderators and especially Gary H who has given so much of his time and effort to help others who are not so comfortable dealing in such matters.

THANKS AGAIN!

The other thing is it was paid in on the 19th of this month but as it seems with others there has been no correspondence from S.C.M(who are ye,who are ye) or Lloyds telling me of there intentions.

Although im off for a good 2 months a least (with flat wages)i will still be donating to the site as it would not of been possible without the templates , legal knowledge and expert advice passed on so brilliantly.

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Geez, I'm not sure whether to congratulate you or not!!! The accident sounds awful - hope your back on your feet soon.

 

Anyway......

 

CONGRATULATIONS!!!

 

Fantastic news, well done!!!:D:):D I'll see that your threads title gets changed to include **WON**

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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After looking through the letter temps i cant seem to find a letter to send to the court telling them they have settled (in payment only) i was wondering if i need one or will a phonecall to the court suffice?

Thanks.

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I thought i had seen one by gary at some point thanks for that, did you see the banks sweating on Trevor macs show tonight(tee hee)

Everyone now knows what we have for some time that £4.50 is what it costs to return a d/d or s/o etc. And according to the show they seem to think in March the O.F.T will either rule in favour of a return of the monies levied without all of this hulabaloo or more in favour of the banks,either way i best get a S.A.R request into my fiancees Halifax account sharpish and my result this week gives me a lot more confidence to do so.

I suppose thats one good thing about being off, I can now devote quite a bit of time to this new one and get more less everything in the early dialogue printed off ready to send off (and hopefully make a few less, no no more mistakes although probably not knowing me l.o.l)bye for now everyone and thankyou. :)

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