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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.

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      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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Faulty Quad Bike Purchase March 2015 ongoing


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Seller Refused Mediation

Issue

I purchased a used quad bike from ** A MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPNY ** 7h May I paid the deposit of £2050 (£2000 off quad and £50 fees) on my credit card to **THE MANS COMPANY **, I attended **THE COMPANY ADDRESS WHICH IS ALSO HIS HOME ADDRESS** 11th may with remainder of cost in cash £2000

 

I was not given a receipt at the time of purchase I was issued a receipt later on after several requests

 

The Quad bike became faulty 2nd June when I contacted the seller, he told me the sale was between myself and the last registered owner of the quad bike as shown on the V5 and was not a sale by him or his company.

 

I have never seen or spoken to anyone else about this transaction, other than ** THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY ** he is the man / company I gave all my money to and it was his business / home where I collected the quad from, there was only 3 people visible in his yard (myself, THE MAN and a friend of mine who had traveled with me to collect the quad)

 

**THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** was inspecting the quad as I arrived to collect it,the inspection was being carried out in the workshop he has established as his business within his personal dwelling

 

At the point of collection I was told he found a few small issues (parts that needed replacing) to which his company provided me with replacement parts (I don't recall paperwork but certainly the packaging tape from him established business was used

 

The quad bike was sold to me as a used machine, the quad was 2.5 year old with 5k ish on the clocks, I was informed the quad had a manufactured rebuilt engine recently, I was told the quad was in good condition

 

Repairs carried out so far

 

Repairs carried out so far

Part’s supplied by seller Replacement hand/foot brake cable Stater motor Voltage regulator

Part’s purchased by myself 3 Set’s Of brake pads (needed on the day of collection but wasn’t mentioned I paid for these parts)

Part’s I have replaced but will accept as fair use and wear on second hand quad Water pump gasket CVT Belt

 

after 2nd June the quad was sent to a dealer for repairs, Various repairs have currently been carried out costing a total of £1355.96, I have secured £718.92 for repairs via section 75 via credit card company leaving a shortfall

 

**THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** after the issues had been brought to his attention gave my personal mobile number to the previous registered keeper who he states was the seller of the quad, although all payment's were made to THE COMPANY

 

Total Looking To recover

 

£30.00 Mediation Fee's

£100.00 Labour To fit faulty parts supplied by seller

£637.04 Shortfall difference on repair bill

£45.00 Brake pads

£45.00 Labour for Brake pads

£90.00 0181-314000 Gear Motor

£40.00 Labour To Fit Gear Motor

£200.00 Gesture Of Goodwill (misuse of my personal data)

 

Total

£ 1187.04

**THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** stated to MEDIATION COMPANY that the sale was between myself and the last registered keeper, THE MAN offered details of a third party PREVIOUS REGISTERED KEEPER and suggested talking to a finance company aswell ?

 

I am trying to establish if the sale was legally between myself and

**THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY**

 

I need to know which court's I apply to England (where I live) or Scotland (where seller live's)

 

I need to know would the judge allow the cost's of mediation

 

I need to know would the judge allow the gesture of goodwill for misuse of my personal details

 

I need to know would the fact I have received a section 75 claim for part of the repair effect the outcome ?

 

I am not applying for the money the S75 covered just the shortfall which cam after

 

THE COMPANY refused to communicate with me, prior to requesting mediation I was given details for THE COMPANY solicitor, they have ignored all letter's sent to them via recorded post, is this acceptable ?

 

Sorry for the longer post, I hope that everything can be seen clearly, I just need to find which court I should apply to I have done everything I can to try and resolve the matter

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he told me the sale was between myself and the last registered owner of the quad bike as shown on the V5 and was not a sale by him or his company.

 

At the point of collection I was told he found a few small issues (parts that needed replacing) to which his company provided me with replacement parts

 

Well there is his first error, why would someone supply parts for goods they have no responsibility for or sold.

 

I will need to read through your post again more thoroughly and will come back.

 

In the mean time Luke, can you pm me the sellers details please ??

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Well there is his first error, why would someone supply parts for goods they have no responsibility for or sold.

 

I will need to read through your post again more thoroughly and will come back.

 

In the mean time Luke, can you pm me the sellers details please ??

 

Not a problem, thanks for your time, it's a long winded post sadly but wanted all the details there

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Ok, have checked him out and he is a registered Ltd company so any probs will be down to him. If it comes to it, will you be willing to make a small claims in the court ?

 

PS. It's not long winded, it's a nicely laid out post. It would be nice if everyone posted like that.

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Will have a look for you.

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BCOBS

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.scotcourts.gov.uk/taking-action/small-claims

 

This link has information regarding taking action in the Small Claims in Scotland. It was all I could find.

 

I am sorry the links given previously were of no use - especially as it is a right muddle signing up etc. :(

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?190-About-to-start-a-claim...in-scotland

 

Unless there are have been significant changes in the system - it would appear there is no MCOL equivalent in Scotland ?

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5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Will have a look for you.

 

This might be a daft question, but under which jurisdiction was the mediation company working England or Scotland ?

 

Surely when mediation was entered into, it was to avoid the relevant courts getting involved, therefore the question is relevant ?

 

Where did the actual transaction to buy the quad bike take place ?

We could do with some help from you.

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Apparently you can use MCOL see post below.

 

 

You can use MCOL to issue a claim out of jurisdiction.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

 

CPR PD 6

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06b

 

 

The form to fill in is the N510 which is located here:

http://www.hmcourts-service.gov.uk/c...rms/n510_e.pdf

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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just seen all these reply's, will sit down tonight and review everything thank you for your input

 

the sale of the quad started over the phone but was completed in scotland

 

Was the mediation anything to do with Scots courts ?

 

If the defendent lives in Scotland, you might have no option but to use Scots courts and relevant enforcement if you won. But i am no expert on this. Just makes sense to me that Scotland is where the purchase took place and where you would have to enforce any court judgement.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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mediation was a compny in Leicester, I explained everything to them fully before handing over any money, they knew where I was and where he was, I can only assume that as I have at least attempted mediation it shouldn't matter if they were scotish or english (after all it's a thirdy party talking to us both)

 

will be looking at the MCOL website (the form's to download fill in) shortly, failing that will have to try and apply in Scottish court

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have had some very nice responses from the sheriff office in Scotland, they tell me there small claim's court now can handle claims upto £3000.00 not only did the adviser at the sheriff office answer all my questions she even asked me further details of the case so she could give more accurate advice, she even welcomed me to ring her for further information I found this very welcoming and helpful

 

I have not spoken to my local court about this as yet but MCOL won't allow me to open the case, the sheriff office advisor has stated if the defendant refuse's to pay I may have to travel up there to put my case to the judge

 

My thoughts right now are, this is probably easier to issue in his local court, should everything go well in court and I get an award I may have to push it further to get payment if the award is from the Scottish sheriff office this may be easier than trying to get UK debt collector across the border or even trying to get a Scottish debt collector to act upon english court order

 

cost's for applying within the Scottish sheriff office is £76

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well a little update, the wonderful lady at the kilmarnock sheriff office has been amazing, continued e-mails and support with the filling in of the claim form's think I now have all the form's filled in correctly, once I have her conformation and guidance I can then submit the paper's to court

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Hi,

 

I take it Kilmarnock Sheriff Court is the defenders local court.

 

Once you submit the claim form to the Sheriff Court, depending on how busy they are, they will serve the papers on the defendant normally within a few weeks.

They will then send you a photocopy of your claim and will give you a 'Return Date' and also a Hearing Date and time.

 

The day after the 'Return Date' contact the court to see if there has been any response by the defender.

If no response has been lodged with the court you will be required to lodge a 'minute' with the court 2 clear days before the Hearing Date giving instructions on whether you want decree pronounced or some other order.

 

If the defender denies the claim the case will call and you must appear or be represented in court on the calling date. In this one circumstance you do not need to lodge a 'minute' with the court.

 

If there has been a response by the defender and you wish to 'minute' for decree as craved complete Form 11 and send this back to the court. you will not have to appear in court.

The 'minute' must be received by the court two clear days before the Hearing Date.

 

If your case were to call at court they normally cannot specify a particular time for the calling of your case, most courts commence at 10:30am and the Sheriff deals with each case individually. You should be prepared to spend most of the day in court.

 

Any time I have issued claims it can take about two months for the court process to begin.

I've never actually had to go to any hearings as all my claims were settled before the courts 'Return Date'

 

It's also not expensive to get a Sheriff Officer to recover the debt.

 

Can I just add, if the Sheriff Clerk ok's your claim you are good to go as they will not entertain a claim they feel has no change of success.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

I take it Kilmarnock Sheriff Court is the defenders local court.

 

Yes Kilmarnock is the seller's local court, I think this would be the most suitable way to continue with the border issues, the only issues I ran into I was putting on the paper work Mr A T/A A COMPANY LTD

where I have to put COMPANY LTD only

 

the courts have suggested I now send a letter before action giving the seller a 7 day grace prior to submitting the forms so I can stand in court and declare I have exhausted all other avenue's prior to court proceedings

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following the sheriff office's advise I sent a LBA to A COMPANY LTD within 2 minutes I got a reply from the company

 

I'm happy for you to proceed as I have no doubt any court will see this as it is.

 

Oh dear, I think he lives in the clouds, the judge surely will ask for my receipt which was from his company (altho the receipt does state sale was between myself and previous owner) but the credit card receipt for payment is to his company, I can only imagine the courts will see this as a business seller trying to get out of his legal responsibility's

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