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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Please forgive the length of this post.

 

Very stressed mother of 20, 18 and 14. 18 year old staying on foster child. All in uni, college.

Husband primary carer for looked after child.

 

We rented the same house for 13 years, initially through an agent, but the landlord took over himself for the last 3 years.

He was a pain and kept increasing rent every 6 months.

We should have moved, but, children, work school etc.

 

He issued a section 21 notice at which point we started looking for somewhere to live.

I lost £750 in deposit and referencing fees.

 

 

I have to admit that business wasn't going well and money was very tight so our rent was not very regular but it was paid.

He applied for eviction and claimed arrears of rent via a money claim.

 

 

The court refused him possession saying section 21 defective and he appealed.

We stopped paying rent to save up a deposit and we finally found somewhere to live and moved.

 

In the meantime, moneyclaim came to court.

Sum was increased from £5k to £16k and court gave him judgement

despite no notification on increased claim before I got to court.

 

 

I told judge I would have come to court to with counsel if I had known.

I appealed and was denied leave to appeal, but granted an oral hearing.

 

Meantime, landlord withdrew appeal to judgement on Section 21

and asked we make repayment proposal as we have 2 very successful businesses.

 

 

He has had in his head for years that we have money just don't want to pay him.

He has been telling me he will ruin my credit for years everytime I argued about rent increase,

looks like he will shortly get his wish.

 

 

I will have to sign on and claim HB to be have any hope of being able to pay next month's rent if I don't get a job asap.

 

I need transcripts, but can't afford to pay as I am currently unemployed though not on job seekers,

I need to send a bundle to court shortly in advance of hearing

but only have a thin idea of it needs to go in.

 

 

Any, all advice most gratefully received.

:lol:
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I have sent a message to site team for you. When do you need to have your bundle submitted by ?

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Hi mamatemi

 

It is really difficult to advise without the full details of the case and what you have already submitted and actions you have taken.

 

Did you not acknowledge the initial claim or defend?

 

Perhaps post up a timeline of events (court procedure) and scan in some Court Orders....particularly the Order re Oral Hearing.

 

Giving us 4 days notice is also not great....having been a member since 2007.

 

Regards

 

Andy

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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Andy, Apologies, life has been so chewy it took a while to remember that this resource is here.

 

I have been fighting fires for a year now and I am really at the end of my rope.

 

This business has really hurt my business and it looks like I am now a jcp client...

 

I have uploaded the orders for the hearing.

 

Most grateful for your help, now I'm not alone..

 

e: Oral hearing Bundle

Click image for larger version

 

Name: OH22.pdf

Views: 0

Size: 292.2 KB

ID: 63108Click image for larger version

 

Name: OH11.pdf

Views: 0

Size: 268.0 KB

ID: 63107Click image for larger version

 

Name: OH21.pdf

Views: 0

Size: 254.3 KB

ID: 63106

 

 

Andy, Apologies, life has been so chewy it took a while to remember that this resource is here.

 

 

I have been fighting fires for a year now and I am really at the end of my rope.

 

 

This business has really hurt my business and it looks like I am now a jcp client...

 

I have uploaded the orders for the hearing.

 

 

Most grateful for your help,

 

 

now I'm not alone..

OH21.pdf

OH11.pdf

OH22.pdf

OH22.pdf

OH11.pdf

OH21.pdf

:lol:
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Well you wont have a bundle as you never defended the initial claim...simply draft a skeleton argument listing your main points of contention/disagreements and get it to them today...otherwise you will be late and disallowed to submit evidence.

 

Andy

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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Well you wont have a bundle as you never defended the initial claim...simply draft a skeleton argument listing your main points of contention/disagreements and get it to them today...otherwise you will be late and disallowed to submit evidence.

 

Andy

I defended the original Moneyclaim hence we were in court 19th Feb.

:lol:
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Then your bundle will be a paginated account of what you relied on with your defence to the initial hearing.

 

Its very difficult to advise any further as all the details we have from you from above is......

 

"In the meantime, money claim came to court. Sum was increased from £5k to £16k and court gave him judgement despite no notification on increased claim before I got to court.

 

I told judge I would have come to court to with counsel if I had known. I appealed and was denied leave to appeal, but granted an oral hearing."

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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http://www.posib.co.uk/ex107_e.pdf

 

Then you will have to find a local company (your court may recommend one ) to transcribe the recording to transcript.

 

Andy

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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  • 3 weeks later...

I will try to be brief!

 

We lived in the same house as tenants for 13 years. The last 2 years were an incessant demand for rent rises. I finally had enough when he sent us a quit notice and stopped paying any rent. We ended up in court, he was refused possession and we finally found somewhere to move to 5 months after being threatened with balliffs.

 

He has got judgement for 16k, even though he only paid and claimed for £5k. We have been given leave to appeal to Crown Court but must provide transcripts at our own expense - currently £500 and then find money for a barrister. We are just about keeping the new roof over our head.

The stress has been unbelievable. I am now unemployed (since May) and still waiting for a determination on Housing Benefit, so my new tenancy may also be at risk. I am praying to get a job soon, but I have loans and credit cards that I am just about keeping on top of ( spent the last 4 years trying to grow a business) and no savings.I think my best option is to fill in an N245 and throw myself at the mercy of the court. All advice gratefully received. I would like to go to a new job with a clear mind.

:lol:
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Thread moved to General Legal Issues..in view of the CCJ.

 

Regards

 

Andy

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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  • 3 months later...

Hi all,

I lost a court case with my former landlord. Judge gave me leave to appeal at Crown court with oral hearing and transcripts to be produced at my own expense. Could not afford cost of transcripts or a barrister for oral arguments so appeal dismissed. what happens next please?

:lol:
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http://www.consumeractiongroup.co.uk/forum/showthread.php?464868-Oral-hearing-Bundle&p=4907587#post4907587

 

As this relates to previous thread, site team will merge so info kept together.

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 OTHERS

 

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

 

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Threads merged..please keep to one thread per issue.

 

Andy

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

If you want advice on your Topic please PM me a link to your thread

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