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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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gaz v hsbc **WON**


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The content of post 45 above 'The claimant proposes...one hour.' goes into section G and the draft order is an attachment to the AQ - both pages. I think this is the answer to the question you are asking.

 

You may find it easier and tidier to complete the PDF version and type it up:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf

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However, prepare like you will end up in court, that way you are less likely to end up there.

 

The banks may pick on the weak cases and eventually allow some to go to trial.

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I am similar, not too important whilst posting as long as the message is conveyed clearly, but really must be correct on letters and court forms.

 

Done a few AQs, if you mean your post 48, looks fine to me.

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Hi GuidoT,

I have tried to go on the link and it tells me i need a password to access it.

am i write to think that if like the draft order for direction, where i put my case number, claimant and defendant on the top and the rest under it.

 

I missed this, then try here (scroll down about a third of the way):

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

It worked okay for me. PM your email address and I will email to you if you are still having difficulties.

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Jason, Ben, Elizabeth, Erin, Mary Ellen, James Robert (Jim Bob), John (John Boy) Walton, Fanny Tatum .... I think I will stop there - this thread is degenerating.

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GH 1981 - My advice will be the same irrespective of what you post here.

 

By the way, I am an enormous fan of the Walton's, I live my life by the ideals that embody the Walton family values.:p

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The hearing is your 'big day in court', but you have more chance of being in the Waltons (post 59 et al) than that occurring.

 

I do not have a HSBC claim so I am not sure when they settle, therefore I do not want to tell you to prepare the bundle now if it proves to be unnecessary. I will let someone else advise, I am sure Lateralus will.

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The court will issue an Unless Order, generally applies where the one (or both) of the parties has not complied with court directions. It will go something along the lines of 'Unless the claimant complies with point 2 of the courts directions dated 1 January 2007 in the next 7 days the claimant's claim will be struck out without further notice.'

 

Unlikely you would have such an order, unless you have failed to comply with the courts directions.

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