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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

Cabot/mortimer/marlin EGG Card **one claim DISC'd NEW CLAIM DISC'D by Consent**


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Hi grafter

 

If you have never requested a copy of the agreement (first time around) then it may be advisable to do it now...you can find the section 78 request within our Library..

 

Re Marlin...just because it was discontinued does not mean they are not prevented from issuing a further claim...so prepare just in case.

 

Regards

 

Andy

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Not applicable until a claim is issued....section 78

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Dont forget to head it " I do not acknowledge any debt with your company "

  • Confused 1

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The only part of the CPR that applies is 31 disclosure....and you cant really ask for disclosure until they litigate...except for 31.16 Disclosure before proceedings start pre litigation....cost you £55 though.... so best stick to the section 77/78 for a £1.:-)

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Delaying tactics..there is no requirement to complete the payee details....Im sure they can write their own name on the PO.

 

Fill it it in ...return it and a cover letter stating your request still runs from the date of your original request.

 

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Andy

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  • 3 weeks later...

Its simply their last attempt...will they issue a claim or can they not respond to your request and its a bluff?

 

Its your decision if you feel that you can opt to defend then you ignore if you feel that there is no defence then negotiate a settlement figure or payment plan.

 

Regards

 

Andy

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  • 4 weeks later...

Hi Grafter responding to your PM

 

Okay judging from their last correspondence its of no shock that they have now issued.The way they have added the section 69 is questionable they have not shown the dates within their particulars nor the calculation....but we can come back to that.

 

Follow your time line and make sure you complete the acknowledgement of service within 19 days and if you wish to defend this (bearing in mind it will be Fast Track) we can draft a suitable defence to question their actions.

 

Regards

 

Andy

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Yes there are various options open along the way but acknowledge the claim for now and then I can review the thread and advise on your best course of action.

 

Regards

 

Andy

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You should be able to just acknowledge and exit at this stage?...but you do have 19 days to consider if it requires a plea.

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Are you not going to process this on line using MCOL?

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Tick defend all then...then enjoy the rest of your weekend:-)

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No most LiPs do..the court usually disregard it.

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  • 3 months later...

What defence did you submit?

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Waste of time us helping you then...well done:madgrin:

 

As regards your advice to others it not true...they can with permission of the court.

 

Andy

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You are most welcome Grafter thank you for the recognition.

 

Your last post was the 28th June and I quote.....

 

" I will leave you in peace now. Thank you very much for the help and advice. Acknowledgement has been submitted and I will await your valued advise on my best course of action. Thank you very much. "

 

No further posts by yourself after that date and no further activity on the forum...so I must disagree with you on that point.....but that's irrelevant.

 

With regards to your claim...the claim was discontinued by Consent therefore no defence was ever seen by a DJ or a court therefore there is no judgment in place but a Consent Order which withdraws the claim.

 

A consent Order cant dismiss a claim only a DJ can...so in effect its just been discontinued....as per 100s on this forum every year without the need of legal representation.

 

With reference to your last paragraph that is with regards to claims that have been heard at trial that have either been struck out or dismissed or adjudged...it is commonly known as Res Judicata and only applies to case,s that got to trial.

 

This is the relevant CPR with regards to discontinuations..

 

Discontinuance and subsequent proceedings

 

CPR38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

I dont begrudge anyone seeking Legal representation if required.....but in your case what you have achieved is achieved by 100s of other posters here on CAG without the need of legal representation.

 

Anyway as I stated well done and I am pleased that this has been resolved to your satisfaction grafter.

 

Regards

 

Andy

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