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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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Erudio/Drydens Claimform - old SLC Student loans - ignored everything to date


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13 hours ago, cw1212 said:

Sorry a couple of questions.

1.  I was in such a panic to do the AOS I missed the post about filing an SB defence I can obviously still do that I know but can you only file 1 defence or can you add to it up to the deadline?

2 What am I looking for in the papers I have requested from Erudio & Drydens?

 

Only one submission allowed you cant add to a defence

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  • 3 weeks later...

Yes thats the only Statute barred defence we use.

 

Andy

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A defendant cant change address details for service......only the claimant/court.

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33 minutes ago, cw1212 said:

Ok thanks so this is weird they sent the claim to my mum but the address when do defence is my current address.  All done now although I am scared I have totally messed up.  I just Copied and pasted the SB defence did not put anything else.  

I guess now I just wait.  Thank you for all the help.

 

You did enter the amount and dates  ?

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  • dx100uk changed the title to Erudio/Drydens Claimform - old SLC Student loans - ignored everything to date
  • 3 months later...

Can you scan redact and upload a copy of the N244 and witness statement in support of their application. You will have to prepare your statement in response with objection and reasons....this must normally be served not less than 7 days but due to the current climate you will be allowed leeway,

 

Andy

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N244 and witness statement  please not the above thats from last year.

 

Andy

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 BMW v Hart was a HP agreement with the inclusion in its T&Cs with regards to the effect and service of the DN ...which runs from the termination notice/date.....not the default notice date plus 14 days.

 

CLAIMANTS RESPONSE TO DEFENCE
20 In response to the Defendants Defence, the Claimant maintains that the debt IS due and owing and answers the points raised below
The debt which is the subject at the proceedings is not statute barred As set out above, the agreement was terminated In October 2018 Limitation did not start to accrue until termination and as such, the claim was comfortably within limitation when It was Issued (BMW Financlal Services -v- Hart [2012] EWCA C,V 1959)

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Have you made a start on your response to the claimants statement ?  You only have 7 days.

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No you dont have to attend......but its always better if you do...assuming the hearing goes a ahead due to Coronavirus.

 

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  • 2 months later...
Quote

says i can apply for it to be set aside stayed or discharged from 7 days of service of the order

 

What can be set a side stayed or discharged.....the claim?

 

Please scan redact and upload a copy of this order....

 

Andy

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Re listing for Nov...you cant set a side vary or discharge...even if you had received it on time.

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