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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
      • 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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Permission to reissue CCJ enforcement after 6 years


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Dear People, I wanted to ask your opinion on the enforcement of a CCJ after 6 years,  I may or may not have a CCJ against me I do not know, but it's possible I do, it's way longer than 6 years.

if a debt collector attempts to enforce a CCJ by seeking permission from the court to reissue enforcement, the court will no longer have ANY records of the CCJ, my question is,  must the debt collector have proof of the existence of a CCJ as a matter of fact by producing the actual CCJ ? surely just quoting a claim number and an amount of debt could be erroneous as the court has no means to verify this.

As an example, if I wanted to get remarried I would have to show a copy of the decree absolute to the register, I could not say I was divorced 15 years ago on this date, they need proof, does that standard apply to a claimant saying they posses a CCJ?

Any thoughts please welcome

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if its more tan 6yrs ago it wont show and its dead

forget it ever existed.

 

dx

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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same as 

wherever are you getting these wild ideas from ?  and worrying about nothing?

dx

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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You apparently don't even know if there was. CCJ so I wouldn't worry about it. And if there had been a CCJ why might it not have been enforced up to now?

You are right that if the CCJ exists  it is possible for a debtor (not a debt collector unless they have bought the debt) to apply for a court order to enforce after six years but this would be very hard for them to get.

I can't remember when I last saw a successful case of this happening although it does happen from time to time.

They would have to show exceptional circumstances why they had not enforced before. eg you had been out of the country ever since and only just returned.

They would apply to the court under CPR rule 83.2.  That requires them to "identify" the debt but doesn't define how. That would be up to the judge.

I'm  not a lawyer and I can't tell you if any court cases have decided what "identify" means but I'd expect the judge to want to see the original CCJ.

Unless there's a back story here that you haven't told us I can't see you have anything to worry about.

 

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Lowsley V Forbes 1998 may help 

They can enforce it but theres a limit on interest.

exceptional circumstances are required

underpaid paralegal

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