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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
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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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Cabot/Restons Claimform - old New day Marbles card - - Ap to lift stay/SJ - NO DN only dbase SShot ***Claim Disc'd SJ thrown out***


tomtom013
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I cant see any existing thread on this so we have no history......to enable advice.

 

Please read the following and copy the Q,s and your responses back here please.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

We will also need a copy of the defence submitted.

 

Thread title amended

 

Regards

 

Andy

 

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  • AndyOrch changed the title to Cabot/Restons Claimform - old New day Marbles card - - Application to lift stay/Summary Judgment

You dont need to object...the court will insist on a hearing anyway...just Restons trying it on on the cheap...as with every other thread they are always denied.

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Yes the court should advise you of a hearing date...but dont sit too tight you now need to draft a statement in response and objection to their statement as to why the stay and Summary Judgment should be denied.This must be filed/served not less than 7 days pre hearing date.

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Depends you may get a hearing in 3 months or in two weeks...depends how fast you can draft a response.Yes once you have a date you must file and serve...file and serve meand file with court and serve a copy on the solicitor....but only 7 days before the hearing.

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Not really because they have provided all their disclosures with their application now......concentrate on opposing their application and discrediting their evidence before asking to strike out the claim.

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  • 1 month later...
2 hours ago, tomtom013 said:

Good morning,

 

Yesterday received my hearing date so now I am re writing my statement to send to restons. 

 

Is it a continuation of my original witness statement that I used to defend the claim? No that was your defence....this is a statement in response to their application

 

Also am I ok to set it out in bullet point like I did with my original witness statement? You have not submitted a statement yet..you have submitted an initial defence..lay it out same as the claimants statement 

 

Im not sure exactly which points to use to defend myself, I guess I need to go through the points on their statement?  Correct

 

Getting really worried and expecting to lose but I will do my best

 

Thank you

 

 

Post your draft here for checking in PDF format.

 

Andy

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Sure post it here in PDF format and I will run through it in the morning.

We could do with some help from you.

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I personally would not be submitting the above.... that requires far more work.

 

Your response should be along the lines of the following.....post #154

 

https://www.consumeractiongroup.co.uk/topic/395850-cabotrestons-claim-form-2-old-lloyds-credit-cards/page/7/#comments

 

Andy

 

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  • AndyOrch changed the title to Cabot/Restons Claimform - old New day Marbles card - - Application to lift stay/Summary Judgment***Claim Discontinued***

Well done.....decent judge by the sounds of it...

 

Quote

He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.

He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent. 

 


Which is what we state and include include in every statement involving Restons......and to make matters worse the screen shot is from Restons own software and some Judges fall for it.

 

Thread title amended.

 

Andy

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