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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 
      • 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
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Claim for Landscape services work


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Yes wait until you receive notification of the Judgment (the order) and allow a little leniency for payment...if not forth coming then you execute the judgment.

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i think the defendant claims benefits, lives with his girfriend who has his kids and uses her account for things as when i paid him initially, i later found out that it was her account and not his. i reported him fro fraud as hes done this to others but the police have done nothing. i know he has items of value as he has been multiple items on faceboo such as a number of xbox games, he has both an xbox and a playstatio which we dont considering we work. i dont care if i get £10 a month back, i just want to firstly get my money back especially after the cheek of his girlfriend that they spent it! (despite this i offered instalment repayments where she just laughed at me before starting this process) and secondly to stop them doing this to anyone else. it was so hard to get that money together. :(

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  • 2 weeks later...

SPGM,

My circumstances were similar to yours albeit reversed.

After i got judgement i paid i think £100 to the court bailiff who executed the judgement and i got my money which included all my costs.

This action took time though as the defendant offered a £1 per week which i refused and insisted they recover the whole amount which they eventually did but it took about 4 months because he kept objecting and gave me and the courts the run around a bit,but i stuck at it and was patient and got what i wanted and he got a ccj registered for 6 years:violin:.

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Judgment is entered but I dont actually know what to do next. I'm happy if I get my money back and he gets the stress of bailiffs because he's caused me so much stress. I gave him a job when noone else would and not only did he steal from me he's doing it to so many others. How do I take the next steps? Thanks so much and glad u got ur money back.

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SPGM,

I would phone your local court Monday, they will advise you of the bailiffs fee to be paid etc and then you can instruct the court bailiffs to proceed.

Give them as much info as possible ie, if he has a car (van would not be included because its a work tool), televisions, ps4 / xbox and anything else as they will use this as leverage to obtain your monies back, tell them your are not prepared to accept weekly payments and see where it goes...you might have to at the end of the day if he has nothing, they will take his goods and sell them..

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i have a choice on the moneyclaim website to request a warrant. is that teh same thing?

 

Yes

We could do with some help from you.

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also on the warrant page it says balance due at date of this request

and amount of warrant.

do i add interest further on one of these? interest is 0.30 a day and the amount at time of judgement on 20/11 is £1415.85

 

Yes....submit your up to date figure including interest and fees.

We could do with some help from you.

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  • 3 weeks later...
  • 3 weeks later...

Ok so I have just received a letter from the courts to say the defendant has left that address, they have no knowledge of his whereabouts and the warrant has now been returned;( what can I do now? Truly gutted. I don't have any other address for him and he was there. Can't believe people are so nasty to steal like this.

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Time to do some investigative work.......neighbours.. social media?

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

 

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Ok so I have just received a letter from the courts to say the defendant has left that address, they have no knowledge of his whereabouts and the warrant has now been returned;( what can I do now? Truly gutted. I don't have any other address for him and he was there. Can't believe people are so nasty to steal like this.

 

you can employ a tracing agent to locate him.

 

Will cost around £40 +VAT.

 

Have a look on Google as most do a "no trace no fee" deal.

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There you go....many thanks Ganymede :-)

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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thanks. i think hes not working, does all the banking through his girlfriends account which i found out (she claims benefits , not sure if he does anymore) so even if i do trace him he could just leave that address and move on or say he has no money even though hes doing all this work to rip people off. the business has still got the address i had on yell.com. i think the address i had also was his girlfriends parents who he was living with so i dont understand how there is a new tenant there?

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