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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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Contempt of Court


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look if the other person has assets then why have you not applied to have court enforcement officers sent in - cost more monies but if they have then as somebody already stated send enforcement agents in! you are the one using certain word which offends and people hate so cut it out!

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I recently won a case - but the other side has failed to pay up and follow through other orders. Is this contempt of court? What do I have to do to get payment and the other issues obeyed?

 

1) It isn't contempt of court.

 

2) Getting a judgement is one thing, enforcing it is another. Details will help get you advice.

Is the other side an individual, a company, a limited company?

Do they have assets?.

 

3) What other issues are outstanding, given that you now have a judgement?. Again, without the details it is hard for reliable advice to be given.

Help the respondents here to help you .........

 

Not very helpful responses ; (

 

Better information on which to base advice might allow for more helpful responses.

 

It isn't pointless, but it is "self-help". You have to help people help you.

I could say "send in HCEO's", but for a small judgement for an individual, it might not be the best way forward.

I could say "get an attachment of earnings" but if the debtor is an unemployed individual or a limited company : again, not appropriate advice.

Without details of the debtor (and 'the other issues'), it is guesswork, that may be preventing reliable and more helpful advice being offered.

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There are several options. The best option will depend on the circumstances of the defendant - e.g. are they an individual or a company, are they employed etc.

 

If your judgment is over £600 very often the best method is to use HCEOs to enforce it.

 

Have a read of https://formfinder.hmctsformfinder.justice.gov.uk/ex321-eng.pdf.

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How would you interpret this from a Court Order by Consent?

 

"Copies of communications sent to the Defendant's legal advisors and copies of communications made will be

kept in accordance with the Data Protection Act 1998."

 

The previous point stated that communications to named individuals would be destroyed. Does the above quote suggest copies of communications to the named individuals will be kept - or just copies to legal advisors?

 

Seems pointless to destroy communications - only to keep copies.

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I agree that it sounds a bit silly to have a provision which says you can destroy correspondence, and then have another provision which says you can keep copies.

 

It would be helpful if you are able to post the exact wording of the rest of the consent order, particularly the bit which talks about destruction of documents.

 

What is the relevance of this? Do you want them to destroy things, if so why?

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Section 3 of Court Order

The following staff members of the Defendant will delete and destroy all emails and other communications sent

to and from the Claimant: (it names people)

 

Section 4

Copies of communications sent to the Defendant's legal advisors and copies of communications made will be

kept in accordance with the Data Protection Act 1998.

 

 

Section 3 is clear

Section 4 is confusing especially the "copies of communications made" bit. Copies of communications to legal advisors or people named in section 3. If latter, it makes no sense!

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Is that the exact wording on the consent order?

 

My reading of the paragraphs you posted is that the Defendant is required to delete communications sent to you, but is permitted to retain communications sent to your legal advisers.

 

I agree with you that the wording is a little bit ambiguous. It is not 100% clear whether the phase "copies of communications made" in section 3 refers to "communications sent to the Defendant's legal advisers" or whether it refers to something else. It seems to me that it refers to "communications sent to the Defendant's legal advisers", but I can't be 100% sure.

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