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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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Solicitor Required


PeterWright
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Hello,

I would like to find a solicitor that would act to defend me in a litigation case - I would hope that mediation or a 'round table' discussion could be held prior to litigation. The case has had a Barristers opinion and that is 65% chance of success the claim value including damages and fees to date is circa £200K.

 

I have previously had a large firm of solicitors dealing with it and felt frustrated with delays and lack of help.

 

I want a small sole practitioner or similar.

 

The claim is backed by DAS and paid for via insurance,

the rate agreed previously was £201.00 ph.

 

Please message me if you feel you can help and have the time to deal with this,

a note the other party has sufficient funds to pay the damages/fees.

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Hello there.

 

I'm afraid it's against site rules to recommend lawyers. You could look on the Law Society website for small firms in your area. It has the facility to search for the speciality you want as well.

 

Then you could ring a couple for a quick chat to see if they have the knowledge to help you.

 

http://www.lawsociety.org.uk/for-the-public/using-a-solicitor/find-a-solicitor/

 

HB

Illegitimi non carborundum

 

 

 

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Why don't you tell us what the problem is. We will be able to give you some better advice

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Peter, a solicitor that specializes, or at minimum, handles many of a given kind of case is always the best bet. Personally, I would never go for a sole practitioner. They have limited time and only their own areas of expertise to rely on.

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Thank you, with the perceived strength of my case I really do not believe that it will reach the stage of litigation (I would hope) therefore with the 'Expert' opinion of a Barrister already I would hope that it will be resolved with ADR or a simple discussion. I don't see that the solicitor requires an extensive knowledge of this particular area of law as the barrister has that already and has provided a detailed opinion? I may be wrong...

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Peter, a new solicitor might not want to use the opinion, or indeed the services in court, of the present barrister. S/he might have his own preferred barrister who he knows gets results in court. I can understand that you want to avoid actual litigation but a soft approach does not help in the early stages of a dispute ! As regards the solicitor's level of knowledge winning a case involves much more than knowledge of the law. There is tactics, procedure etc etc and a solicitor who has been there many times before in a given type of case is almost always the best bet.

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