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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.

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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.
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      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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Court Requisition but i am no longer living in UK


Ramah
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Hi

 

Basically my car has been sitting in my parents driveway for months. I received a letter with a fine due to it being uninsured, I wasn't aware that it had to be insured if its parked and not in use. Anyway I paid the fine and sent off paperwork to SORN the vehicle. The fine was taken out of my account in early August and I assumed that was the end of the matter.

In September I moved abroad and I am not due to go back home until 2015.

My mother called me yesterday to say that there's a letter regarding a court requisition for 15/01/14.

I am unsure about what do to as I'm not living in the UK currently and the only proof I have of posting the document is the bank statement which shows fine was deducted from my account.

 

Any help would be greatly appreciated.

 

Ramah

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Write to the court and explain exactly what has happened and enclose copies of any supporting documents. Ask the court for advice as to what to do.

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  • 5 weeks later...

Thank you for the reply.

 

An update on this. I sent a letter to the court explaining everything but I heard nothing back.

 

My mum called the court today and a very helpful lady gave her the name and number of the man who represents the dvla in court. He's out of the office at the moment but I'm just wondering is this a good sign??

 

I'm going out of my mind with worry and being half the world away, I feel helpless.

 

I am not due back home for another year or so, can they force me to attend this court hearing?? It's a week today but I was hoping it will be sorted before then.

 

Any help or advice is greatly appreciated.

 

Ramah

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