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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
        • Like

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CPR 11

 

(4) An application under this rule must –

 

(a) be made within 14 days after filing an acknowledgment of service; and

(b) be supported by evidence.

 

You don't file a defence you include within your application the evidence as to why you contest jurisdiction.The Court will then direct further.

 

Regards

 

Andy

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Hi

 

Yes its the N244 seellly.

 

Andy

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Thanks Andy ,

 

I have got the form and will be getting my parents to deal with this immediately can they both sign the single form or do they need seperate forms at £80 each which is steep

 

Best regards

 

Seellly

 

Are they both named within the summons or two separate summons?

 

Regards

 

Andy

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Then they only need one application in joint names without an hearing £45.Could you confirm who served the email/summons? Can you confirm it was issued through Preston or a specified Court?

 

Regards

 

Andy

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Could you confirm who served the email/summons? Northampton or Sols... what address is on the summons?

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I have to log out now seelly don't do anything until we clarify how this summons was served.

 

Regards

 

Andy

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Thought so...they are attempting to get around correct service.Electronic service is allowed ,providing they have the correct address and have specified a Court.

 

Read here http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part05b.

 

Continue as per post#10

 

Regards

 

Andy

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Yes list joint defendants on the N244.With regards to filing and payment check with the Courts I would assume it would require your parents signature on the application and whether they would accept payment from yourself.

 

Regards

 

Andy

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I personally would check with the courts (explain the situation) and ask if a scanned copy of the application is acceptable.I personally cant see a problem as long as it signed.I cant see a problem with payment by yourself either.Check it could save the cost of a flight.

Can you PM me were they are actually residing now.

 

I will draft some wording shortly for the application.

 

Regards

 

Andy

  • Confused 1

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Yes thank you seellly.

 

Ok proposed draft order to attach to N244

 

#####Draft Order#######

 

 

The claimants have attempted to serve this claim out of jurisdiction by using email attachment and without the permission of the Court. The summons is addressed to a previous address which we no longer reside at.

The claimants have not attempted to serve the claim through CPR 5C PD6.1. or CPR 6 (6B PD3.1)

 

It is requested that the claim be struck out CPR 3 PD3.4 © that there has been a failure to comply with a rule, practice direction or court order.The Claimant has not sought permission to serve out of jurisdiction.

 

 

Check and edit to suit.

 

Regards

 

Andy

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Ahhh are they aware of the contents of the application and why? If the strike out request is removed then there should be no need for an hearing (£80) but £45.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part05b

 

3.2

 

Subject to paragraph 3.2A, a party must not use e-mail to take any step in a claim for which a fee is payable.

 

3.2A

 

A party may make an application using e-mail in the Preston Combined Court, where he is permitted to do so by PREMA (Preston E-mail Application Service) User Guide and Protocols.

 

seelly couple of points which have troubled me :-

 

How did the sols get your parents email?

 

Was the summons ever served on their previous address?

 

What has happened to said property since they left?

 

You can pm me if you feel this is to sensitive for open forum.

 

Regards

 

Andy

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Also is it correct that you have 21 days from acknowledgment when disputing Jurisdiction

 

Will PM you on other items

 

 

CPR 11

 

(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.

(4) An application under this rule must –

(a) be made within 14 days after filing an acknowledgment of service; and

(b) be supported by evidence.

(5) If the defendant –

(a) files an acknowledgment of service; and

(b) does not make such an application within the period specified in paragraph (4),

he is to be treated as having accepted that the court has jurisdiction to try the claim.

 

Preston Combined Court could complicate this it was just an idea but by all means make enquiries.

 

Andy

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AoS is governed by the served date ( 33 days 5 deemed served so 28 (14 to AoS and a further 14 if defending).

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They are defending under the Contest Jurisdiction CPR the above is the procedure post# 29

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(a) be made within 14 days after filing an acknowledgment of service; and

(b) be supported by evidence.

 

I assume there would be a certain leniency

We could do with some help from you.

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