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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
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Britannia Repossession / Eviction - Help & Advice Needed with N244***Suspended***


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Cadbury, I know you're not in a good place at the moment and clutching at straws but.........     you really need to get your head round the fact that the lender is perfectly within their rights to ask you to pay back the money you have borrowed and signed a contract for.  The fact that asking you for the money they are entitled to is making you ill is really of no concern to them (heartless as it sounds), they are only interested in either you fulfilling the contract by way of making your monthly payments, or them repossessing your property - which again they are perfectly entitled to do if you don't pay.   There is absolutely no chance of your getting compensation when they have only applied the terms of the contract - and that's what any judge will look at.

 

If you tried to apply for a hearing to get a longer time (cost £250) what reason would you give for that - you still can't offer any money and you would have wasted the court fee.

 

You won't  get the repossession order dismissed - what reason would you give? as stated above the lender is within their rights

 

I can't begin to tell you how lucky you were with your hearing - I doubt you'd be that lucky again.

 

I know what I'm saying sounds harsh but you really do need to get a perspective on this - you were extremely lucky to get a suspended order with payments delayed until end August and you don't have any recourse on the lender or the judge.

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Wait for the court order to come so you can quote exactly what the judge has ordered,  then you can write to Britannia telling them payments were to commence in August, not July.   You should get the court order sometime this week I should think.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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