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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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UKCPS MNPR PCN - Centrum 4600 (which is Unit 5 (Medical Centre) Centrum, 4600 Park Approach Thorpe Park Leeds West Yorkshire LS15 8GB - observed leaving site - Surely not enforceable ?......


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Well, it depends what you mean by "enforceable".

 

Anyone can send a threatening letter to anyone else.  Anyone can start a court claim through the MCOL site, it only takes a minute and a small fee.  If I knew your address I could sue you for £200 for distress because I don't like the style of shoes you're wearing today.  Nothing stopping me.

 

Obviously if the matter ended up in front of a judge I would get a right roasting for such a ludicrous claim.

 

But fleecers like UKCPS hope that you'll be frightened by their threats of court and will give in.

 

The good news is that there are about a million things wrong legally with the bilge they have sent you.  They are highly unlikely to do court.  Expect them to contribute hugely to deforestation over the coming months though. 

 

Well done for not contacting them.  Keep radio silence.  These charlatans never, ever accept appeals - ever.  All appealing does is throw away legal protections. 

 

You mention a CCJ.  CCJs are used to punish people who defy court orders.  The only way you can get a CCJ is if you receive a Letter of Claim, are then taken to court, then lose the court case, and decide to defy the court and refuse to pay.  That's when you'd get a CCJ.

 

There's nothing written on their toilet paper about inputting any registration.

 

What's this nonsense about "Driver - observed leaving site".  Did that happen?

 

 

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As you say, "Centrum 4600" isn't an address.

 

Then they have to include a period of parking, which they haven't done.

 

There are grace and consideration periods.  You parked from 11:10 till ... when?  You could easily have been within the grace period.

 

Just ignore their threats.  But be sure to come back here if they ever send you a Letter of Claim.

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  • dx100uk changed the title to UKCPS MNPR PCN - Centrum 4600 (which is Unit 5 (Medical Centre) Centrum, 4600 Park Approach Thorpe Park Leeds West Yorkshire LS15 8GB - observed leaving site - Surely not enforceable ?......

I agree.

 

Appealing gets your nowhere, the PPCs always reject appeals.  Always.  Even worse, most people who appeal out themselves as the driver.

 

UKCPS are IPC members too, and the trade association's appeals body is the IAS, not POPLA.  The IAS is the worst kangaroo court imaginable. 

 

Indeed these horrible bodies were set up by the two solicitors who had their fingers in the biggest slice of the PPC legal pie.  Yes, the trade association, its appeals body and the solicitors who dealt with most PPC litigation all run by the same people!  No conflict of interest there!

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5 minutes ago, Speshe said:

Have received a total of three letters demanding payment to date balance now due has gone up £130

It hasn't really.

 

Schedule 4 of the Protection of Freedoms Act is quite clear that the most that can be charged is £100.

 

They're just trying to scare you.

 

It's highly unlikely they will do court and if they did they'd lose.

 

Just don't ignore a Letter of Claim later down the line.

 

 

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  • 1 month later...

Just laugh at them and ignore.

 

DRP are a powerless third party.

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