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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
      • 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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Lowells/? claim form - OH's old Vanquis card 'debt'***Settled by Tomlin Order***


Myfamily
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No my family you don't need the defence yet.

 

Just log onto mcol click acknowledgment,

defend all

, leave jurisdiction unchecked

go to the end of that, then log out

 

. these guys on here will point you in the right direction for a defence.

 

you do need to get a cca request in tho asap

 

Also I might be wrong as I'm pretty new but I think if you defend and get as far as mediation, you can agree a payment plan there if you wish and not receive a ccj, but I'm not sure on that.

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OK I'm no expert at all with this stuff, but I can't see any notice of assignment.

 

 

Lowell informing you of them buying the debt.

Also seems to be a lot of charges on the account, and the payment in June was that from you?

 

 

Just make sure everything is correct from their side,

 

 

there's a reason vanquish sold the debt if they had the original agreement!

 

Andy and DX are pretty good at picking apart these things hopefully they can help more.

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I think what he's trying to say martin is he used a no paperwork defence but they have sent paperwork now.

 

 

Also most of the WS are no paperwork ones, so what should he use?

 

The thing is myfamily WS is your personal account on what has happened.

In your case you want to show the claimant it's not going to be easy and that even what they have sent isn't perfect.

 

 

Hopefully (dismiss) best case scenario or arrange a deal,

but neither will happen if you don't show some flaws in there claim and paperwork

 

I've picked up on no notice of assignment but can anyone else find anything wrong with what they have sent?

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There is no templates for ws my family, you need to write this in your own words. You need to explain how they have not followed everything down to the t and how you are going to defend this EG no notice of assignment. You need to set some doubt in the claimant so you win or get a good reduction on a settlement.

are all the details correct in everything that they have sent ? dates, addresses

 

This is the ws I did in my case with hoist, its not the best but you will get a general idea http://www.consumeractiongroup.co.uk/forum/showthread.php?462050-Hoist-Claim-form-old-Barclaycard-debt-***Claim-Discontinued***/page3

post 49

 

knowledge is key, go have a really good read on lots of other cases and get the whole idea of what goes on and what to expect. No one can do this part for you but ive found if you give things a good try first then people can give constructive criticism and tell you what to change.

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Get straight on with drafting your WS myfamily, then post it up here for the guys to have a look at for you.

 

I would deliver it yourslef at your local court tomorrow, that saves with the wait on postage and then your only

one day late. Then send the claimant his copy 14 days before so he doesn't get it to early 😉

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