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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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Santander withholding my money - suspected fraud - **SETTLED full amount+Court Fee+Compo**


bradybunch
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We have already covered that extensively...the court the defendant have accepted your particulars...you didn't tick (opt) to serve separate particulars.

 

You will expand at the next stage of the process when you submit your statement of case.

 

So what grounds did they rely on for preventing you access to your 4 K ...simply they weren't happy with your explanation of the money trail...so they will hold on to it ?

We could do with some help from you.

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Well the whole purpose of entering into mediation was to get information not mentioned in their defence...it was never to settle the claim.

It appears that you really don't have much to add...apart from no Police or CIfas action taken.....so we are really no further on.

 

Any way lets await he Notice of Allocation N157 with the courts directions and dates and then you can start to prepare your statement of claim.....bear in mind its not for you to justify...but for them to prove their actions and what evidence its based on.

We could do with some help from you.

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  • 4 months later...

As a side note the Order states that along with your amended particulars you must also provide the legal basis on which you the claimant contend you are entitled to be paid the sums claimed. ?

 

Its almost as if you are on trial with your particulars and the court has already accepted he defendant's defence and gone along with suggestion that your claim should be struck out. Now the court are entitled to make an order of its own initiative without the defendant having to make an application with fee...but this just smacks of this is going to be an up hill fight.

 

You submitted your initial particulars...the defendant submitted a substantial defence...the claim proceeded to Directions Questionnaire for allocation.

 

The claim was then transferred to Edmonton and then transferred to Clerkenwell and Shoreditch County Court and now the court suddenly decides that your Particulars are insufficient ?  

 

Strange.

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We could do with some help from you.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 1 month later...

Standard procedure...have you not read any other threads issuing a court claim and the procedure ? the claim has now been allocated (N157 Notice of Allocation)

 

Follow the directions and comply by the dates states...you must pay the hearing fee by the date (14th Dec 2021) stated otherwise the claim will be struck out.

 

 

We could do with some help from you.

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Yes you have to pay a hearing fee as claimant or complete an exemption notice if you qualify for exemption.

 

Disregard the offer of mediation.....the Directions are the most important part of the notice and what you must prepare next in preparation for the court hearing.( Preparing a witness statement and evidence in support of your claim).

We could do with some help from you.

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May be of interest to you......

 

 

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We could do with some help from you.

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  • 4 weeks later...

This is standard mediation after allocation....they are responding to the N157 Directions (your upload post#153 paragraph 4/5) Its your choice if you wish to participate...but if you dont the court will take it into consideration should you lose the claim and when/if awarding costs to the defendant.

We could do with some help from you.

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On 16/07/2021 at 09:08, bradybunch said:

I have gone through the document and  BB_particularsofClaim_1607202.docx

 

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