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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

You have received a Court Claim ISSUED IN NORTHERN IRELAND What you need to do


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https://www.nidirect.gov.uk/articles/small-claims-process

 

Small claims process

The small claims process allows certain types of claims to be decided informally by the County Court, usually without the need of a solicitor or barrister.

Small claims

In general a small claim is one where the value to be claimed is not more than £3,000 and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, legacy or annuity or any property of a marriage.

If the total sum at issue between the same parties exceeds £3,000, the claimant must either:

  • proceed by abandoning any amount due over £3,000 (this will be expressly noted)
  • issue a civil bill in the County Court for a full hearing (up to £30,000)

The Civil Processing Centre, in Laganside Courts, processes all cases initially, but if a case is disputed it is then transferred to the office that is specified within the original application for hearing.

There are two types of small claim:

  • liquidated - where the amount of claim is set, for example, loans or goods and services not paid for
  • unliquidated - where the amount is estimated, for example, damage to property, faulty goods or workmanship

Once a case has been submitted to the Civil Processing Centre and verified, the respondent (the person against whom the claim is made) is then posted a small claims pack giving all relevant information in relation to the case, including a copy of the completed small claims application form.

The court does not pay the amount that is awarded; it only decides who is liable. A Decree or Order made by the Small Claims Court is a County Court Judgment (CCJ) and may affect a respondent's credit status. It may also affect an applicant’s credit status if a successful counterclaim is made.

Enforcement of Judgments Office

Before beginning the small claim process, the Enforcement of Judgments Office can search for a person or firm for a small fee. This will show if there are any enforced judgments already in existence against the respondent within the last six years.

To find out more information about fees and how to get an Enforcement of Judgments Office search, contact them a Fees

The fee for your small claim application will depend on the amount you wish to claim. 

If your claim is successful, the respondent will be ordered to pay you the amount decided by the Judge, plus the application fee along with any other costs awarded. If you are not successful, the respondent will not be ordered to pay you anything and you will not receive your fee back.

European Small Claims Procedure

A European Small Claims Procedure (ESCP) allows for cross-border cases (for example where at least one of the parties lives or is habitually resident in a Member State other than that of the court where the action is brought) and includes personal injury actions and road traffic related claims.

If you wish to issue a small claim to a respondent (the person against whom the claim is made) who lives outside Northern Ireland but within the UK, you can use the Northern Ireland small claims procedure.

However, you may want to consider using a process where the respondent resides to try to claim your money back. If the respondent lives in the Republic of Ireland you may also use the European Small Claims Procedure.

This service allows the public and businesses to make a small claims application outside normal working hours and track the progress of the application online.

Small Claims Forms

Date published: 04 January 2018

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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