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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 
      • 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
        • Like

Millenium Parking Services Swansea Arvato (103)


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Seriously get a grip or a Default CCJ is a certainty, you have registered on MCOL, and done what DX says about ack claim and ticked Defend All? That CPR needs to be gone , and you need to look at a defence around they are suing under a wrong head, as in

Can be no breach of Contract as action uauthorised parking  no permit on display is a prohibition so no contract to breach in this case, or something similar.  Look at ericsbrother's responses in other threads Defence needs to be simple at this stage, no more than a Skeleton argument in a few lines, even just three. 

 

Millenium would probably invoice a pushbike if it had a reg number and was chained to railings.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Being busy won't cut it, you must make time and do it ASAP.  Many Default CCJ results from procrastinating and putting things off next thing you know deadline for defence passed and it's Default on it's way with a smug happy parking Cowboy gloating about money they shouldn't have been able to get, and were never entitled to demand in the first place.

Edited by brassnecked

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 month later...

They want on the papers as it  almost guarantees them a default judgment, when the proper DQ comes from THE COURT, insist on a proper hearing,

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  • 4 weeks later...

DX means your signature as in they can copy a signature from a signed document so you redact it from their copy.

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Definitely worth a go, they might chuck in the towel before Court.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Yup, On the Papers is an easy Default win for them, as you don't get to challenge the dodgy facts they have presented, that can be challenged and swatted like a fly at a hearing with a robust defence that trashes their case..

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Why CPS and AJH Films  and Elliot V Loake don't apply but 5they will chance them if On The Papers.  Elliot v Loake is a criminal case, so is not applicable to Private Parking and contract law.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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One of my cats does the same, ignore him, and he uses the keyboard., especially if I am gaming .  But as a rule the PPCs tame solicitors will chuck in both those chestnuts if they think they can engineer an on the papers easy default judgment.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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