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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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Tracey284 V Citicards


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Guest Tracey284

Okay - just checked with Court and it is actually 25th May 10am. I was advised to write to Judge and tell him that they did not comply with his directions and that I have only just received their defence. Comments please.

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PM'd you.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Guest Tracey284

Hi Gizmo, haven't received anything from Court. Hearing was postponed from 29 March to 25 May. Citicard didn't adhere to judge's directions in that bundle was to be with Court by 31st Jan and they had until 14 Feb to defend. They only sent their bundle to me today. It is so full of legal jargon and they also have a witness statement that I feel that I am being buried alive!!!!!

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Important thing is that the witness statement includes an equation, but no background figures.

 

The thing that Citi wants to do is discourage you as much as you possible from continuing a claim.

 

As long as you complied with the original order, write to the court including some of the points which I outlined in the PM I sent earlier.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Guest Tracey284

Going to Court on Friday but Citi didn't get their bundle to me on time. Has anyone else had this and what was the result?

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good luck - let us know how you get on today.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Any news?

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Guest Tracey284

Hi and thanks for the good wishes.

 

Well, the day came and went. Citi did send a solicitor and we went before a really nice Judge who weighed up everything. He decided that Citi were entitled to have their case heard even though they did not adhere to the order to submit documents on time. Also, I brought up about their equation without background figures can't be validated as correct and he decided that they would not have to produce a full breakdown of figures. There are a few other bits and bobs that I think would be best discussed in a PM so please contact me if you want to know!

 

Bottom line - it has been referred to the Central London Civil Justice Centre for listing and further case management.

 

The solicitor did tell me that he has been in Court on several occasions in such cases and won and he cited a particular case recently at Brentford County Court with District Judge Plaskow preciding.

 

What now??????

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Gonna PM you now.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 4 weeks later...

Hi Tracy,

 

Congratulations on receiving the full refund. :D:D:D

 

Tried to PM you but your inbox is full.

 

hondamad

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Tracey, your inbox is full.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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