Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • 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
      • 160 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
  • Recommended Topics

Car Dealer - Consumer Rights Act - MCOL


AliasOmega
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1889 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Evening all,

 

Background in quote

 

We purchased a car, just after the warranty period ended (12 months), the car had a serious fault. We fault was tracked down to an electronic module failure inside the car, which did not last a "reasonable amount of life".

 

Of course, the dealer said "nothing to do with us" therefore we were left to repair ourselves. We removed the cover to the electronic module, to have a peek if it was fully connected etc (simple stuff) however it was good. However, it did have a water mark on it. When we purchased the car, there was water ingress into the car, its a convertible and the speedo had water marks inside it. We suspected that the part has become wet, then contributed to the fault. Its rare for these modules to fail, and funny enough the dealer replaced the water marked speedo under the warranty.

 

Luckily, the manufacturer agreed a "goodwill gesture"so far just leaving us just under £400 to pay.

 

The car has now been fixed and once again the dealer has said "nothing to do with us".

 

 

So, thats the background sorted.

 

We've sent the letter before action requesting a reducing in purchase price to cover the cost of the repair, now were waiting for the 30 days to expire before we progress to MCOL.

 

A swift, standard response received, same as the one above...nothing to do with us....

 

 

Oh the joys of a used car (£9k), outside of main dealer warranty.... will update as we go, win or lose...

Edited by honeybee13
Font size in quote box enlarged.
Link to post
Share on other sites

First of all, you should tell us who the dealer is. You are the second person today who doesn't give the name of a dealer who is not acknowledging their consumer obligations. Are you trying to protect them?

 

Secondly, the warranty has nothing to do with it. It is all about your consumer rights under consumer protection legislation – in this case The Consumer Rights Act.

 

You have sent them a letter before action. Why did you give them 30 days? You are only required to give them 14 days.

  • Confused 1
Link to post
Share on other sites

Hi Fodder,

 

The dealership that i purchase the car from is Stratstone Mini in Leeds. We have raised the MCOL claim, and saved it awaiting "submit" early Dec 18.

 

Following advice from Consumer Direct, we were to give them 30 days plus this buys is time to get all the ducks in order (paperwork scanned into pdf's etc).

Link to post
Share on other sites

  • 3 weeks later...
  • 4 weeks later...

Great. Well done

 

As soon as you get the judgement, start enforcement. Don't hang around. You didn't tell us how much the action was for. Was it for more than £600? If it was then you should get it transferred up immediately and have it enforced by the high court enforcement officers.

 

This is easy to do but make sure that they guarantee you that if they don't manage to enforce, then you won't be charged a fee. All fees have to be taken from the defendant.

Link to post
Share on other sites

Evening,

 

I have filed for judgement, I have noticed that I have put "Stratstone Mini Leeds" instead of "Stratstone, T/A Stratstone BMW Leeds, T/A Stratstone Mini Leeds".

 

I have a slight fear that the dealer will say "that's not us" however every letter has reached them, when I Google "Stratstone Mini Leeds" and the website says "StratstoneMiniLeeds" they will it's not them. Ironically, the main Stratstone website has them as Stratstone Mini Leeds..

 

If this is the case, we can ask the court to ammend the name, and reissue the judgement on the evidence (screenshots) that we have...

 

Many nothing to worry about...but it's an escape route..

Link to post
Share on other sites

  • 2 weeks later...

Hello again,

 

A bit more digging, I have noticed this.

 

"Alloy Racing Equipment Limited trading as Stratstone MINI Leeds. Alloy Racing Equipment Limited is an appointed representative of Pendragon Finance & Insurance Services Limited which is authorised and regulated by the Financial Conduct Authority. Registered Office: Loxley House, 2 Oakwood Court, Little Oak Drive, Annesley, Nottingham, NG15 0DR. Registered No: 00901017 Registered in England & Wales"

 

Does this mean i need to change the name -

 

Alloy Racing Equipment Limited

T/A Stratstone Mini Leeds

T/A Stratstone BMW Leeds

Link to post
Share on other sites

I would just settle down and wait for the judgement to be issued. I suppose when you try enforcement then they may try to raise the issue with the name – but it seems to me to be only very marginal technicality.

 

However, maybe you should be a little bit more careful about these things.

 

I notice that in a previous post you said that you had been to Consumer Direct. Consumer Direct were abolished a few years back – so who did you go to? And who on earth told you 30 days anyway? Is a load of rubbish

Link to post
Share on other sites

Well you've been here since 2007. What's the matter? Don't you trust us?

Link to post
Share on other sites

Hi BankFodder,

 

No, not at all. They were the first people we contacted and forwarded a template letter. 14 or 30 days has no effect on things, although it just drags things out.

 

So far we are at the point of "Judgement" issued. I now believe that the CCJ has been awarded, and it will remain off the record if settled within 30 days? After this, it's in file. The only way to remove this would be either through setting aside, or through a consent order.

 

From the outset, we only wanted the car repaired and have only claimed for the repair cost; we have not claimed for postage costs, travel to/from dealers, interest etc. If we knew it was going to be dragged out this long, maybe we should have.

 

As an act of kindness and not wanting to waste valuable court time, we have recently emailed the dealer before we progress to the warrant side of things as this increases cost to £499; it appears they "didn't receive any paperwork" which would/could/should be a default reply...and now forwarded onto the "legal team".

 

I think I have until the 30th January before I can move to a warrant. That's CCJ Issue date (27th Dec) plus 30 days and gives them 2 weeks to settle etc.

 

Were not out to disrupt business etc , just wanted our car repaired under the Consumer Rights Act, which was denied.

Link to post
Share on other sites

So I'm getting confused. Have you got a judgement against them? If you have then why on earth are you waiting for 30 days? You should be putting the bailiffs in straightaway.

Link to post
Share on other sites

Hi BankFodder,

 

Yes, you are fully correct. I should go straight to warrant, and forward onto bailiffs. I have researched which company to use.

 

The MCOL website indicates that "Your judgment against XXX was issued on 27/12/2018 at 19:13:32".

 

This indicates to me that the CCJ had been awarded, and we can progress onto the warrant portion. I can enter the details within the MCOL site, it is just waiting for payment.

Link to post
Share on other sites

I have to ask again, where are you getting all this 30 day stuff from? 30 days for a letter of claim. 30 days from the date of the judgement.

Link to post
Share on other sites

then you should be reading up so that you know your way around instead of getting your way through 30-day periods for no reason at all.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...