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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
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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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False witness statement - Contempt of court?


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I got a judgement against a debtor. He is a conman and not paying me anything. Instead went on benefits hiding all of his assets.

 

I tried to enforce order through different ways but did not get single penny. 4 years passed in the struggle.

 

When I sent bailiffs he put an application to set judgement aside on very illogical reasons. After hearing his application was dismissed. I did not recover anything from him though.

 

Now I sent him Statutory Demand Notice. He made exactly same application in the court to set Statutory Demand Notice Aside, as he did previously. What he is doing here:

 

1) Presenting same arguments which he presented previously to set judgement aside. He is not telling court that his same arguments were heard and dismissed previously.

2) He is lying that he is in process of setting judgement aside, as his application was dismissed a while back.

3) Also he is negating some facts in his statement, in contrary to what judgement order says.

 

Now my question is, is he not interfering the course of justice by making false statement?

 

What is way to make application for committal of contempt of court? Which application form should I use?

 

Hearing is in near future on his application. He is just wasting free public money available to him, as he is not paying any court fees being on benefits. That is the main reason I think that on every step he put an application to drag me in the court on and on.

 

Any expert advice please?

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You can't and there isn't one.

 

You seem to be quite quick to reach conclusion. :-x You are not the debtor I am talking about by any chance?

 

CPR 32.14 says "Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false statement"

 

If you search false witness statement contempt of court on google, you will find hundreds of recent cases where convictions were made for making false witness statements.

 

When law says that a contempt of court proceedings can be brought against a person, then there will be a way to that.

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Yes, may be at this point of case I can not make this application. But once debtor's application is dismissed I should be able to put an application for committal of contempt of court. I really do not want to leave him unpunished for his constant lies since last many years.

 

I am going to copy exact clauses which I think will apply to my case:

 

81.14

 

(3) A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in a county court may be made only –

(a) with the permission of a single judge of the High Court; or

(b) by the Attorney General.

(4) Where permission is required under paragraph (3)(a) rule 81.14 applies [paragraph (3)(a) rule 81.14 : a detailed statement of the applicant's grounds for bringing the committal application; ]

5) The court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.

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And to get that permission, as stated, youll need to go in front of a high court judge or to the attorney general.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for the link. Need a thorough read, but quickly found following two paragraphs:

 

49. Committal applications based on false statements cannot proceed without the permission of the Court or the Attorney General (CPR 81.18). If the statement was made in county court proceedings the permission must be sought from the Queen’s Bench Division of the High Court. This ties in with the jurisdiction to deal with contempt for making false statements being reserved to the High Court.

 

50. Although the court can itself refer the application for permission to the Attorney General it is hard to envisage circumstances in which an applicant would choose that route over an application to court, not least because an application to court is likely to be substantially quicker. Indeed Practice Direction 81, paragraph 5.1, urges applicants to go to court first: “the Attorney General prefers a request that comes from the court to one made direct by a party”.

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Food for thought...

 

From the court’s viewpoint, the purpose of its coercive powers is to uphold the administration of justice, including compliance with court orders.

 

Litigants’ motives are rarely so pure. An application to punish for contempt is a weapon in the litigation armoury, recently described in the Chancery Division as “the nuclear option”: Zimareva-Locke v Cetin [2012] EWHC 4196. It may be used in a way that coincides with the court’s concerns: for example, where both court and applicant want strict compliance with an injunction. But not always. Leaving aside sheer vindictiveness, the litigant may also be motivated by the wish to pressure the opponent into settlement or capitulation. Individual parties do tend to be unnerved by any prospect of imprisonment, although that is a rare outcome in practice.

 

A committal application must be handled with care. The case law makes clear that it should be a last resort

 

In his judgment in Zimareva Locke Morgan J, dismissing all three allegations of contempt, observed: “The claimants have chosen the nuclear option. It was not a matter of last resort. It was not brought to bring about compliance…Great thought ought to have been given to the good sense of embarking on this course.”

 

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Indeed. It sounds like the OP is motivated purely by revenge. Not legal avenues.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Indeed. It sounds like the OP is motivated purely by revenge. Not legal avenues.

 

Thank you for your comments.

 

A thug living on benefits and not only wasting court time but also tax payer's money, does it not make enough legal avenues for you.?

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