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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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Claim form From Civil Enforcement


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I think what dx is eluding to is that there is no rush. Wait until the penultimate day to acknowledge the claim and say that you'll be defending in full, and then wait until the last day to file your defence. This way, you'll buy yourself extra time for research etc and putting together a watertight defence. Just don't, whatever you do, miss the deadlines.

 

Cool your jets in other words biggrin.png

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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ericsbrother, filrobbo's form is "signed" (or at least carries the name) 'Schwartz', so the "not a practicing solicitor" might be a bit of a non starter. Nice to see though that they've finally worked out how to spell their own name.

 

There are however plenty of other ways to tie them in knots. Most of which have been discussed in the other CEL/DEAL thread.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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How do you know he's a real solicitor?

 

I can't find any record of him on the SRA register?

 

http://solicitors.lawsociety.org.uk/person/54210/michael-david-schwartz

 

Although, one would question why a family, probate & criminal lawyer is bothering with PPC work.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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ok EB, now I can see what you're saying. thumbup.gif

 

But I'm still confused. This was a reply from the SRA in January of this year. (my bold)

 

Please accept my apologies for the delay in providing a substantive update to your previous emails.

 

I can confirm that enquiries were ongoing to establish whether the “M. SHWARTS” noted on the court application documents is a solicitor or not as there are several qualified solicitors of the name ‘M Schwartz’ (and other slight variations of spelling) that could be employed or instructed by Debt Enforcement & Action Ltd. In the first instance the enquiries were to establish if the spelling on the claim forms is the correct spelling of the solicitor’s name or whether it is a misspelling that has been repeated by the use of a template document.

 

These enquiries were crucial as I need to establish whether this matter should be dealt with under the Solicitors Code of Conduct (if the individual is a solicitor) or whether the matter should be treated as a criminal investigation under Solicitors Act 1974 ss. 20-21 and s.24 or s.14 Legal Services Act 2007.

 

I can now confirm that I received a response from Civil Enforcement Ltd, the parent company of Debt Enforcement & Action Ltd, a short time ago today which confirmed that the solicitor in question is Michael SCHWARTZ, SRA id 118966. I can confirm that this person is a solicitor currently on the Roll of Solicitors of England & Wales and does hold a current Practising Certificate. Furthermore Civil Enforcement Ltd has informed me that they have written to the Court informing them that there was a spelling error on the claims documents issued by referring to the solicitor as “SHWARTS”.

 

As such I will be today referring the reports that the SRA has received regarding these issued claim forms to the Supervision team of the SRA to consider any breaches of the SRA Code of Conduct.

 

I hope that you find this update informative.

 

Your sincerely

 

 

Heather Gelder

Head of Intelligence

Fraud and Confidential Intelligence Bureau

Solicitors Regulation Authority

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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OK thanks for that, I received a letter to day have a read, I have just had an interesting conversation with the Co - Op regarding this letter. Have to say they were very helpful. They confirmed the letter was not from them and not signed by their solicitor. So one can only presume this is fraud. Not only that they have had a number of complaints and their legal team is now looking into these letters.

 

If these letters really aren't from the Co-Op, then someone from CEL has been 'Creative' whistle.gif and is going to end up with egg on their face and their knackers nailed to the wall. I can't imagine that the Co-Op are going to sit on their hands over this, especially when one takes into account the stayed cases in Bristol against Co-Op staff.

 

Someone really might need to pack a toothbrush after all clapping.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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So who does this "Chris Jones" actually work for , the CO-OP or CEL?

 

There is a Christopher Howard Jones listed as working for the Co-op. http://solicitors.lawsociety.org.uk/person/105032/christopher-howard-jones

 

Reading between the lines (and speculating), I'd say...

 

The Chris Jones mentioned in the letter(s) does work for the Co-Op as one of their solicitors. However, taking what filrobbo has said at face value, it would appear that these letters have been created without Mr Jones' knowledge and (as they are PP) have not been signed by him.

 

Someone could be in it up to their eyeballs crazy.gif

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Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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