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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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VCS Spycar PCN Claimform - no stopping JLA Liverpool Airport


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I understand you want to include Simon's Witness Statement shenanigans in your ABUSE OF PROCESS section.  Fine, do it right at the start of the section so it gets the judge's attention.  How about -

 

In several recent cases VCS have claimed to have not received the defendant's Witness Statement and have asked the judge to disallow the same.  For example case XXXXX at XXXXX Court and case XXXX at XXXXX Court and case XXXX at XXXXX Court.  In all the cases it turned out the defendants had proof of posting.  I fully expect VCS to do the same with my case and so I am sending this Witness Statement with proof of posting.

 

I must admit to getting great pleasure out of seeing Simon try to be clever with some dirty trick - only for it to be turned against him in court.

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 OTHERS

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  • 1 month later...

Oh dear.  Bad own goal by Simon.  Not respecting the court's deadline and then lying in a Statement of Truth by inserting a false date.

 

As you've already e-mailed the court I suggest you do so again, stating that the court ordered Witness Statements to be exchanged by 17 May, which you respected, whereas the Claimant posted theirs on 28 June (scan of envelope attached) after dishonestly inserting a false date of 12 May into their Statement of Truth.  You request that the Witness Statement not be admitted. 

 

Courts are overworked and understaffed and your mail will probably be ignored - but it's worth a try.

 

And if it is ignored immediately bring Simon's shenanigans to the judge's attention at the start of the hearing.

 

 

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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 OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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