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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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Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.


Nongki

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  • 2 weeks later...

This is wearing me down now, seriously feel like they are deliberately trying to make me give.

At the hearing on 1st March I specifically advised I would be out of the country from 17th April until 8th May.

The judge noted this and said it wouldn’t be that quick.

Received trial date today and it has been set for 1st May !!!

I will, once again, have to pay for an adjournment as well as a trial fee of £123.

Including 2 days lost work, 2 adjournment fees and a court fee, I am at the stage where I am paying out almost as much as the initial claim

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Ring the court and inform them you specifically advised the judge you would be out of the country from 17th April until 8th May. Tell them to reschedule it no need for a further application ...courts error.

 

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You would have to pay a further fee for the application unless you advise them as above which I have stated.

We could do with some help from you.

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I have been advised that I need to email the court, however, the clerk I was speaking to noted that I had made the court aware back in December that I would be out of the country for those dates

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  • 2 months later...

Hi

I am re-submitting my witness statement as I have added a couple of extra documents. This needs to be submitted by Thursday (14 days prior to court date on 20th)

Do I need to number this as 2nd Statement. Not sure if you recall but I issued my original statement when I didn't need to, about 2 months too early !!

 

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No it remains your main statement but add a cover note stating its been updated  due to submitting too early. Head it statement to replace statement dated xxxxx

We could do with some help from you.

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I have received an email in the last 10 minutes

4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay.

5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024 

It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?

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Personally I'd go to it and object for the sake of it.

They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs,

just say that firstly it is their application,

secondly it is from their own making,

thirdly that they would have to come anyway so you shouldn't need to bear their costs.

When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witness statement in advance of their AL.

Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time.

Also they say finalise so they already have something, its not like they have nothing.

Their amendments cannot be so important if they are being added so late.

see what @AndyOrch says but that's my thoughts

 

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This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that

1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing.

2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim.

3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence.

4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay.

5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024.

6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective.

7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661.

😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.

They have asked for extension

Because

2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.

Sorry, last bit

They had ticked that they wanted the application dealt without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?

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41 minutes ago, Nongki said:

They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?

yes it means the court took notice of your N180 when you stated:

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

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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dx is wrong there.

The reason they did the application with a hearing is likely that they had questions of the application that weren't answered in their wx.

nothing to do with your N180

8 hours ago, Nongki said:

This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that

no they are just saying that they want the extension to make it 7.

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What have you received from the court re this application...? Notice of Hearing... not from the claimant.

Its quite rare for this type of application but nothing sinister or underhand but annoying as they have had plenty time to prepare, it will be granted so pointless trying to object.

We could do with some help from you.

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Yeah, received an email from the court with subject “URGENT FILING” application for an extension of time

Nothing from claimant

DWF had emailed court on 31st May requesting extension

Is it best to attend / must attend

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if you mean the hearing for the extension no..as andy intimidated by:

5 hours ago, AndyOrch said:

it will be granted so pointless trying to object.

 

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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13 hours ago, Nongki said:

Is it best to attend / must attend

Does the notice invite you to attend ?

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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States you must attend so attend...you can just remind the judge of the claimants overall slackness throughout the claim but I would be surprised if the application is denied. 

  • Like 1

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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