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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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Amazon.de/Evri - PAPLOC Now Court Claim - Lost returned Faulty AirPods


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There are still 21 days to go to the hearing.

Surely it's possible that P2G haven't sent their WS yet?

We could do with some help from you.

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Well its online so no.

The case should have got pilot directions with WS to be filed by a certain date, likely many months in advance, but as a LIP op can likely say he thought it was 14 days and be let off, P2G can’t.

 

However for whatever reason the OP seems really sporadic in his attempts.

 

If i wasn’t so against P2G I’d probably have given up

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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5 minutes ago, jk2054 said:

However for whatever reason the OP seems really sporadic in his attempts.

If i wasn’t so against P2G I’d probably have given up

it is precisely for these reasons that the OP should withdraw the claim and begin again.

Firstly, the case has been badly handled from the start. The OP hasn't come to us and stuck to it in a regular engaging way.

Secondly, it seems that the OP is now being advised on the basis of it being a matter of principle rather than looking at a sensible and pragmatic outcome.

We have a duty to the people who come to help us to try and get the best solution for them that we can. Secondary is that we want to notch up a further victory against the parcel delivery industry – and frankly it doesn't matter which company it is as long as we get a victory.

If we simply urge someone to continue a case at their own expense in a claim which has a very reduced chance of success, simply because it gives us personal satisfaction, then this is really contrary to what we do and certainly contrary to the interests of the claimant.

I'm now urging the OP (Original Poster) to withdraw and to start again and work with us very closely in order to get a much more certain victory.

By continuing this claim, not only with the OP risk even more money, it will take more time in the sense of failure will be demoralising.

Better to feel that one is in control by exercising one's own choices and taking the long view

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Not really.

His claim will succeed simply because its a simple matter of a lost parcel and no insurance.

Its not a complex case so I think he’ll be fine, especially as it is P2G who arent very good at defending claims but I ageee its not been handled at all well.

My only concern with withdrawing is that he loses £35 in the case of £240 but thats a matter for him

I dont think it has a reduced chance of success if OP actually replies and actions things but if not then ofcourse it will struggle.

My concern is if he starts again it’ll be just as sporadic.

Maybe close thread and let him make a new one if hes ready to engage?

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Thank you all. I will withdraw the case and start again. Do I need to notify the court? They aren't really picking up the phone.
The most annoying thing is how badly this was handled by Amazon.

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https://assets.publishing.service.gov.uk/media/602a5bc9e90e0705566713fc/n279-eng.pdf

 

fill that and send it to the court by email.

stop waiting around on the phone.

 

send a copy by second class to dianne fisher.

 

@BankFodder

 

I am not sure if you are following this thread or not, so if you are apologies for the double notification but you may want to close this thread and let the OP start a new one for his/her new claim.

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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On 26/05/2024 at 21:20, BankFodder said:

Abandon The claim and start a new thread and this time do it properly and stick to it

BF's already addressed this jk.

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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yes sorry my reference to closing this one because something tells me the OP is likely to start his new claim on this thread if it was left open that was all.

 

jk

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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We will wait until the OP confirms that they have withdrawn from the claim and they would like this thread closed.

I think that the OP realises that they have to start a new thread.

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