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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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Marstons bailiffs help please!!! **Returned to Court**


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You say that the payment was made to the court and that you then received a letter from them telling you that the payment had been forwarded to Marston. before this the court should have sent you a Further Steps Notice.

 

Also, you should have received a letter from Marston's before a personal visit. The letter would be entitled: Notice of Enforcement. a fee of £75 is applied at this stage. Did you get such a letter?

 

Have Marston's or the bailiff been advised of the the health of your mother and brother?

 

How much is the amount being asked for.

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In your above post you say that both your mother and brother are disabled and that there is a live in carer.

 

If for instance your brother were disabled (with maybe back problems etc) then sadly this does not mean that the bailiff should not attend. After all it is you who is the debtor and not your brother. It is unfortunately a misconception from internet sources that bailiffs should not attend a 'vulnerable household'.

 

HOWEVER...in your particular case it does seem from what you have stated that there could be a case of very serious 'vulnerability' with either your mother or brother given that you have mentioned that there is a 'live in carer'.

 

Has this situation been brought to the attention of the bailiff or better still...the magistrate court?

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I have just heard that the account is being returned back to the court.

 

I cannot thank people on here enough for all the help and support that they have given to me. This forum is amazing.

 

What will happen now is that Marston Group will return your account to the court in their weekly returns. This should be a week today.

 

You should wait a few days and I would suggest that you speak with the court next Friday to ask whether the warrant has been returned. If it has, you should ask the Fines office whether they will allow you to attend court to have your 'means' re-assessed. This is a very simple procedure indeed and the court will require you to complete a simple Means Enquiry Form. The court can then adjust the fine downwards based on your ability to pay.

 

Please do let us know what the court say next week.

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