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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 
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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.
      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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Appealing to upper tribunal - need urgent guidance - please!


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If I understand your post correctly, the error of law is the fact that the FTT went ahead without hearing your son (as they did in the first tribunal).

 

Here's a quote from Disabilityrightsuk .org:

 

"VI. breach of ‘the rules natural justice – This includes failing to follow FTT procedure, for example failing to give parties 14 days’ notice of an oral appeal hearing or failing to inform parties that it intends to take into account a matter not addressed in the appeal papers or during the hearing. It also includes failure to follow the procedural rules for all judicial process, for example bias or not allowing a party to speak."

 

In the first instance, I would use this as your reason for appealing.

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Hi Nadia,

Sorry I didn't see your previous post. I sincerely wish I could help you more, but I think id6052 is correct, in that you will ultimately need a legal advisor, if you get to the UT.

 

I can say though, that firstly, you are right and you have to ask for leave to appeal to the FTT. If that fails, then you apply to the UT, and I believe id6052 has supplied links to those for you. I am pretty sure they will be included in the decision letter from the FFT, if they refuse leave.

 

All the very best to you, and please ask for any further advice, as you never know who is reading and who may have the information you need.

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