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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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Evri lost my Ebay parcel £844 - court claim issued ***Judgment***


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it currently takes the business centre 30 working days (6 weeks) to process a DQ.

That is why the stay was put in place. They lifted it after both DQ's were filed and you will now get contact from mediation when they have your appointment.

For reference the CNBC performance stats are below:

the number of days before process begins is essentially the length of the backlog.

 

Edited by jk2054
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underpaid paralegal

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I've just got off the phone with them after 1 hour and 32 minutes.

 

rang out at 5 o clock so you did better than me.

 

Goodluck with mediation, stick with it and george wood will pay

Edited by jk2054
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underpaid paralegal

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  • 1 month later...

Sorry but you should have had a date on your judgement/legal advisor order?

Or are you just preparing it before even being told by the court?

Sorry I'm not so well caught up with this thread.

Sorry one thing I've noticed and I think you picked up on it, but get the farooq and evri case in there.

underpaid paralegal

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  • dx100uk changed the title to Evri lost my Ebay parcel £844 - court claim issued
  • 1 month later...

I did say that you are right.

But a case I raised in November, which now i look at post 89, it was made AFTER your notice of transfer.

No offence but you don't even have an allocation to a track, I got my allocation to a track at the start of the new year. WS due mid feb and I've got a hearing in march. 

I'm starting to get the inclination somethings gone wrong here.

I've just checked processing times for CNBC and its 31 working days to transfer the file from notice of transfer.

You've waited 64 by my calculations

That's over double.

I'm going to check my paperwork to see how long it took from being sent to court to directions issued but I think you may need to get in touch with the court.

9 months should be case done, not update.

Update has to realistically be like 2 months before a hearing date from my experience, although maybe the old MCOL takes less - It has to be at least a month by law, whilst you're on track for april/may hearing, you should really be getting directions by now i think.

 

just looked at my most recent small claims case:

Claim made  nov 15

defended dec 7

mediation was dec 29

directions were on Jan 9 

WX exchange was feb 12

Hearing date was set on feb 6

hearing set for march 19

 

I think somethings wrong with yours.

underpaid paralegal

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Yea I'm aware of that but didn't think it would delay this much.

DQ by post would mean there will be some delay but I think at this stage its time to call/email the court the file was transffered to.

don't email CNBC or whatver it is, email the court that it was assigned to.

May be delayed there, but a quick call/email should clear things

Also I see its gone to a hearing centre, and I'm not sure on that, maybe someone else can advise, but that may delay things because its a hearing centre then to the local court,

 

not sure on that one but just thought of it.

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underpaid paralegal

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