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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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Court Bundle - Family Court


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I hope I am posting in this correct area. I will be as brief as possible (Fail). My Fiancee and I are looking to move her and her two kids to the US. Each kid has a different Father. One Father is in agreement with his son relocating, the other is not. So, we have submitted to the court to get approved to move to the US.

 

My issue concerns this Court Bundle. So, I think I understand it for the most part, but where I am confused is that our case really is dependent on proving how her son will have a better life in the US then he currently has in the UK....The bundle seems to emphasize "chronology", but how do I put in chronological order events which have not yet happened. Yes, there are some events which have already happened (her x was abusive, so we have support showing what happened in this regards)...

 

I want to support my case fully, and I have prepared documents showing how I will be able to financially support her son, information about my family, information about the area I live, insurance I get through work which will cover his health, dental, and vision, and many other things (character letters from my family). The way I had it organized before I came across these court bundles, was simply by section...So I had one section for financial support, and I put together a summary, and then included items which would support the position I am taking that I can financially care for my new family.

 

Basically it is confusing to me because I want to organize the bundle properly, but based on what I am trying to use as "evidence" and support for my position in this case, it almost seems impossible to adhere to the requirements of the Bundle Preparation.

 

I am also having trouble with how much support to include. When I read other sites, I see some which say to try and be brief because the judge has only so much time, but then I see others which say to be comprehensive. So, for example, in trying to show that the schools where I am are great, I have included course curriculums and lesson plan examples, so the judge can get an idea of what topics will be covered by our education system. The total amount of pages for this section was 90. I don't know whether to try and just summarize everything in my own words, or to include everything. Or do I include just a few examples.

 

I then wanted to also submit proof showing how much I made, including the amounts posting to my bank (as evidence), but it seems like you are not allowed to include this type of stuff in the bundle. I don't want to have an underwhelming case by trying to be too succint, but I also don't want to waste the court's time and resources.

 

Any advice on these court bundles, or examples of them, or guidance that goes beyond what I am finding when I try and search for help on the internet, would be greatly appreciated.

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Hi and welcome to CAG

 

You should refer to https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu, specifically Practice Direction 27A. It is important to refer to the actual rules that the judge will have in front of him, rather than summaries found on google which may or may not be accurate.

 

When preparing bundles would normally have a date for each document, assemble them in date order and prepare a clear index. The index would not too be too detailed - just along the lines of "1. Claim form dated xxxx. 2. Defence dated xxx" and so on.

 

On the contents of the bundle, if you read paragraph 4.1 closely it is not a total prohibition on including financial statements. The point being made is that you should only include financial statements if they are necessary for the court to read or if they will actually be referred to in the hearing. So, if you are referring to specific financial statements in your witness statement to make a specific point, then include them - but carefully select the ones which are actually relevant. If you are just including pages and pages of stuff that isn't directly relevant to the case, then don't include.

 

Paragraph 4.2 does allow for you to create new sections. But I would be a bit careful - one or two extra sections might be appropriate if this genuinely helps, but I would not create too many. The standard practice is absolutely to do things in chronological order using the standard sections, and you are likely to annoy the judge if you deviate significantly from that.

 

Do note that the bundle is supposed to be agreed by all sides. See paragraph 3.2. You would normally prepare an index listing the documents you plan to include the bundle and would send that to the other side, asking if they are in agreement. If the contents of the bundle are not agreed by the other side (which tends to happen if the other side is not legally represented), then just go ahead and prepare anyway noting the requirement to provide an index a certain number of days before the hearing.

 

The bundle should be comprehensive. It should have everything that will be referred to in the hearing - if in doubt, include it. It is the witness statement that needs to be a bit more concise, setting out the facts and cross-referring to the relevant pages in the bundle where it refers to a particular document. But for a case like this involving children I think the witness statement should still be quite detailed. I would definitely err on the side of being comprehensive for this.

 

Personally I'd use a solicitor for a case as important as this, but I guess the decision is ultimately up to you.

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