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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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BW/Lowell SD for old BC 'debt'


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Just to clarify....for a stat demand you do not have to get your 6.5 (witness statement) sworn in (the rules have changed in the last 12 months), only when you are opposing a bankruptcy petition (the next stage after the stat demand) do you have to get an affadavit sworn either at a local solicitor or the court....you can send the documents in (recorded delivery).

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I think you should also mention PPI, and charges and if it isn't for any reason going your way you ask for a full portfolio of paperwork, statements, default notice, termination notice etc etc. and add as much case law to demonstrate that you have triable issues.

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  • 3 weeks later...

You are there to fight your corner....with regards to the wrong court, then it can possibly be an abuse of process, but this does depend on the judge as they can vary wildly. If they haven't supplied a full portfolio then you can argue the high court cases/relevant parts of the Consumer Credit Act which hopefully you will have read off these forums. The judge will have your 6.5 already, so you may not be able to add a further witness statement. Do you have any statements at all ? you could check if the statement interest matches to the terms and conditions (read Kotecha vs Phoenix)

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  • 3 weeks later...

You need to puff up your chest, find your resolve and not be bullied.....know your stuff as best as you can, if they want to talk to you before the hearing, be warned, say you will just listen.....it has often been the case where conversations in the waiting room have been carried over to the court room, and you see a different side of a solicitor in a court room....hopefully you will know more about the Consumer Credit Act than they will....call the judge sir/madam, don't interrupt, but get your points across firmly and speak a little louder than normal if you have to....remember to refer to High Court cases if needed eg Kotecha vs Phoenix, Jones vs Link

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Whether or not judges like them, the High Court cases you have should be adhered to by a lower court, there are a lot of cases where the money was owed it just wasn't enforceable, the fact that you have 'triable' issues should be enough for a reasonable judge to set aside....bearing in mind there are the issues of compliant default notice, PPI, charges, does the agreement itself comply with the Consumer Credit Act ?

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If for any reason you feel it isn't going your way then ask for an 'unless' order.....i.e unless they provide the default notice, deed of assignment, termination notice, full statements, showing interest, etc then the judge throw it out, it might prolong the process slightly but it means that (and a big if) they provide the relevant (and compliant) paperwork, at least you can get a full picture.

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