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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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Backdoor VCS PCN - Berkeley Centre Shefffield.


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dont agree that you will have a hard time getting a set aside, you get it almost automatically as long as you have some sort of defence to the original claim and that defence doesnt have to be bullet proof, just not hopeless or frivolous.

 

So you have read up on VCS at this site and you need to get piccies of the sigange there, either your own or some lifted from another source that are contemporary to the time of the claim.

 

Now also read up on Simon renshaw-Smith and Excel parking and look at the signs carefully and see who you would have entered a contract with at the time.

 

So get your evidence sorted so you have something to show at the set-aside that you have a good prospect of success and the set aside will be yours and possibly a warning as to costs to VCS.

 

Now this arises because you will have to pay  for the hearing and if you get the set aside and successfully defend their claim you get that money back plus your other costs for the rematch.

 

That the parking co's often do is agree to a rematch as long as they are not liable for your costs

 

many people go with that just to clear their credit files not realising  that they have an almost cast iron winning case if they only held their nerve a little longer

 

so my advice is to not ask them but file the paperwork first and then let them know you will be after them and see if they volunteer to the court that they will drop the matter altogether if you dont ask for costs.

 

the argument about them not trying hard enough to find you is a specious one as it didnt apply at the time of the incident

 

but you may be in luck as the rules on litigation addresses changed about that time so they may have been obliged to ensure they had the right address.

 

I can understand you not getting the DVLA bit right but why didnt you get your post forwarded by RM for 6 months after moving?

 

I know hindsight is a marvellous thing but anyone else reading this thread should sit up and take notice, it saves an awful lot of bother as parking co's used to do this sort of thing on purpose

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