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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
      • 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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Lowell/carter claim from- old shop direct 'debt'


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On 20th April courts wrote saying that the claimant had 28days to contact the court,

after receiving a copy of your defence. After that period has elapsed, the claim will be stayed.

 

The date defence submitted was 20th april same date on letter we got it on 22 April.

 

 

What does stay mean please x

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until carter coughs and produces enforceable paperwork

and pays more fees to forward the claim

 

 

the claim goes nowhere 'it is stayed'

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Ok so we agreed an amount and a Tomlinson order was signed by us, but was sent to courts for someone to sign ,but nothing, I've since been told to compete a questionnaire by courts or face a ccj, the only problem is it gave me 7 days from date of letter, it didn't arrivd till today, and th letter is dated 20th June!

I can't call courts till tomorrow but surly the Tomlinson order should have been sorted by now, we signed it on the 25th may, but since got a response form Bryan carter of them completing the questionnaire!

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Ring your court and ask has the Tomlin Order been sealed?......ask why you have been sent a DQ ? (which I would complete and submit anyway irrespective of the Tomlin Order...just to be safe)

 

Run the two parallel...until you have conformation the Tomlin is in place.

 

Andy

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Spoke to court, apparently the letter was sent 20th June and given us 7 days extra,but said the case was sent to judge on 20th June! but told me that the Tomlin order is with district judge, and I can send questionnaire but prob won't take into account and now got to wait 4-6 weeks to see if a ccj against me not impressed!

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As long as you submit the DQ on time...the claimant cant request judgment anyway.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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The dq was meant to be in by 27th but only received it yesterday, I've explained this to the court but said if I sent it now the judge will not take into account, but will look over Tomlin order and it agrees to it, will let me know, I'm so annoyed as Bryan Carter gave impression we didn't need to do dq as done Tomlin order

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