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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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Evri/Packlink Parcel non delivery, PAPLOC now Evri Court Claim issued.


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you dont need to use  the black bits delete the text!!

and unlock it then.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:cheer2:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry, but I've already been working on the one that you originally posted and then wanted deleted. I'm afraid I don't have the time to start going through your second one.

This is really getting confusing and I'm not sure why it is getting this way other than that we are in a hurry.

Please have a look at the attached document. The paragraphs are now numbered. There is one entry – bundle number – in red

 

Please let me know if it's okay. Are you able to convert this to PDF all you want me to do it.

If you want me to do it then you have to let me have a completely unredacted version so that we can just get it sorted once and for all.

 

 

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The last document posted is the same as the one previous to it but as you stated I didnt need to redact but could remove the text this is what I did. Other than that there is no difference. 

I will have a look and have no problem to convert to PDF considering previous documents I sent you were in this format. 

Many thanks

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Sorry, but it wasn't me who said you didn't need to adapt it and you could remove text instead.

By the time that started I had already begun on your locked document.

Once you have converted it into its final version – completely unredacted and clear – please could you send a copy to me by email on our admin account – admin@consumeractiongroup.co.uk.

It will be received and kept confidentially.

 

You should then send the bundle by email to EVRi on the morning of the 28th. You should send a copy by email to the court if you can on Monday – tomorrow – and follow up with a paper copy sent to the court by special next-day delivery. And send a paper copy to EVRi by first class post so that it arrives there probably on Tuesday.

Please will you let us know that this is okay and that it has been done.

Then obviously there is a long time before the court case. This EVRi may try to reach out to you to settle confidentially. I would suggest that you let us know about this and I suggest also that you reject confidentiality. It's not part of the claim and there's no reason why you should accept this as a condition of settling. They have caused enough trouble and they shouldn't get away with doing some steel in order to avoid judgement against them.

A few weeks before the date of the court case, please can you come back here and remind us and then we will have a look and see if there have been any developments and help you to make sure that you are prepared and confident.

Also, please follow this link to see our advice on making a court familiarisation visit. I think this would be a very useful exercise for you and it would be a good thing to visit the court to make a familiarisation visit on maybe two or three occasions before November so that you have then got several weeks to think about it and to ask us questions.

You want to be going into open court. You will want to be going into the rooms where these very relatively insignificant small claims are dealt with routinely.

You'll find it very useful, interesting and also reassuring.

Thanks

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Hi Bank Fodder,

Thank you very much for your help and apologies again for the short notice. 

I have added the email to Judy and noted it in the witness statement and added it to the index. 

I will send it off and keep you updated. 

Part of my work is to support people to go to court regarding another area of law, so I am familiar with court proceedings, however, consumer law is completely new to me. 

Many thanks 

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That's great news that you are familiar with the court process. That puts you head and shoulders above almost everybody we help here so I think we can all be pretty confident of a good outcome.

The consumer law elements are really very basic but we will go through them again in November/December. It would still be a good idea if you made at least one familiarisation visit. As you are familiar with the court proceedings, no doubt you will be able to overcome quite easily the reluctance of any court usher to allow you into the hearing.

As I've said, please will you let me have a copy of the final PDF document directly.

Thanks

Also, I've now removed the document which I edited as I understand that you are concerned that people might have access to personal details held inside it.

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I think a familiarisation visit is always a good idea. The time is never wasted.

As you say that you are familiar with court procedure you may be tempted to dress up supersmart et cetera for the court hearing. I suggest that you don't. I suggest that you dress relatively casually and don't give any clue that you particularly know what you are doing.

As a litigant in person you have a certain licence and you can push things to the limit and beyond the limits and the judge won't mind. If the judge is an impression that you are involved in the judicial system at all professionally then you may lose that kind of flexibility.

I'm not saying dress in jeans et cetera but certainly don't start dressing up in black and acting as if you were a lawyer.

Please excuse me if you knew this already

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Thanks that is very good advice and I have often seen that my clients (and even myself) have been given a certain level of leeway as litigant in person. I will always make it clear in court that I am not legally trained which helps. I will do my best and it helps that the court I am going to is not the one I would normally attend. 

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PDF bundle received thanks

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  • 8 months later...

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Good morning, 

I am back here as I have my court hearing on the 16/1/24 and wanted to prepare myself. I have started to read through the cases here where people in similar situations have gone to court and the recently added court transcript. I will continue to read about third party rights. Is there anything else you feel would help. 

Many thanks

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