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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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EPS ANPR PCN - ignored LOC now Claimform - - 29 sec stay! - Shoulder of Mutton , Birmingham ***Claim Discontinued***


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i should add , Northampton is the court that the hearing is allocated to, hence why i have now sent to the Northampton e mail  after Andy highlighted the mistake in sending to the business centre   

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Sorry to keep harping on, but it's vital we're sure the WS has gone to the right place.

 

Can you upload the order you got from the court where there was the deadline for filing the WS?

We could do with some help from you.

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Thanks.

 

So you were right.

 

As long as the WS has gone to the Northampton County Court (not the business centre) you're fine. 

 

I see you indeed sent to Northampton County Court.

 

The national centre for the bulk sending of on-line claims is based in Northampton, so it was a bit of a coincidence that Northampton is your local court too!

We could do with some help from you.

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So they have bottled.  Could you post up the notice?  Well done you. we can alter the thread title to reflect your victory.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Well done on your victory!  👏

 

I thought they would bottle given the ridiculous 29 second claim, but hey, you can never be sure and it's always better to prepare too much than too little.

 

Have a think about if you want to sue them for breach of your GDPR.  They knew full well the stay was covered by their trade association's CoP and should never have even approached the DVLA, let alone passed your data to third parties and started a court claim.

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We could do with some help from you.

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  • FTMDave changed the title to EPS ANPR PCN - ignored LOC now Claimform - - 29 sec stay! - Shoulder of Mutton , Birmingham ***Claim discontinued***

Well 99% of motorists we get here are just happy that the invoice has been written off or the court case abandoned, and don't want to take it any further.  All perfectly understandable.

 

We did have someone recently in a particularly ridiculous and vexatious case, who wanted to go down the GDPR route.  However, a mistake was made - due to the fleecing company having become part of a larger group - and the initial letters went to the wrong place.  The Cagger then disappeared.  Maybe they thought it was hassle they didn't need to resend the letters.  Just speculation.

 

So if you decide to go down this road you'll be one of very few!

 

Obviously we would help, and I don't see how the fleecers could possibly defend obtaining information to demand payment for an "offence" which their own trade association Code of Practice specifically says should not be pursued. 

 

 

 

 

We could do with some help from you.

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I see the date on the discontinuance notice is the 7th...

 

That just happens to be the date you put your first draft defence on the thread!

 

The losers have obviously been monitoring you... PATHETIC GLADSTONES! 🤣😝

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Yes looks like the might have been, Anyway they took fright just like Bold Sir Robin they turned and they ran.

Will and john they ran away, ran away, when witness statement reared its head, boldly they just turned and fled..........

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • AndyOrch changed the title to EPS ANPR PCN - ignored LOC now Claimform - - 29 sec stay! - Shoulder of Mutton , Birmingham ***Claim Discontinued***
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