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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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Reinstate a struck out claim


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The late payment of the fee is a mere technicality. I would have thought that there will be no problem in having the claim reinstated. However it may be that the claimant will have to do this by means of an application notice for which the fee would be about 250 quid or so.
If it does go to court and you lose you should certainly argue that the £250 fee for the application notice was incurred through the claimant's own fault and so you should not be made liable for this.

Do we know about this? Why don't you tell us the story

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You've been here since 2009 – did you never think to come and post here and laid out and ask us for help earlier on when this all started?

 

Mind you, seven months to pay the hearing fee and they still haven't done it – this could seriously undermine their attempt to have it reinstated

Who was it who identified the joint expert?

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Well – Big Fail!

If you had come to us as soon as things started to go wrong we might have been able to sort things out. It's not as if we were going to charge you £300 an hour. We do it for free but this kind of thing just makes us work a lot harder then we need to.

Please post up the claim form in PDF format and also your defence in PDF format.

How long is the report? I suppose you had better post that up in PDF format as well

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Well if you won't redact them then I'd really am not too sure how we can help you

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  • 2 weeks later...

We need to see the claim form and the defence in PDF format please

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It's all very garbled.

You been here since 2009. You wait until the trouble gets out of hand – then eventually you come here and initially declined to post up any information on the grounds that it needs rejecting.
Then eventually because the claim is reinstated you decide to take the trouble to redact it.
You then redact it so much that the is confusing to understand who is who. Use the same symbols for everybody. You might be talking about your cat using the same symbols = =.

It seems to be at some point you had identified a good quality kitchen and then for some reason rather your builder persuaded you to buy a kitchen from a company run by his wife!

You went further and then found herself in a load of trouble. It didn't occur to you that the builder may be had his own interests in mind.

I know that I'm sounding tough here – but I think that we need to sort this out and start being businesslike about it.

I'd like you to start a completely new thread please.

No mucking around.

Start off by telling us the story in bullet pointed chronology.

I'd like to know apart from the brief facts – minimum narrative – how much you promise to pay. How much has actually cost you. I have the impression although it's not clear that you are actually out-of-pocket and that you don't appear to put in a counterclaim.

The claim form that they have used to start the process give scarcely any facts and is a load garble. You have responded with a load of garble including a lot of non-relevant information so far as I can see.

Let's start to straighten this out.

And once again, if you come here right at the beginning we could have saved an enormous amount of aggravation for you and also for us.

I'm closing the thread.

Let's start having a look at this properly.

You can redact the forms for your own personal identifiers if you want. Leave the rest alone. The less you tamper with the documents the better it will be. The more we will understand the easier it will go

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Thanks

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