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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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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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thumbs up Vs LTSB . . . Quick question guys


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I'l keep this as brief as I can!

Issued summons on 8/12/06 which was deemed served on 20/12 giving a deadline of 3/1/06 for LTSB to respond.

Phoned the court yesterday (4/1) and they told me there had been no response from the defendant and that if I wanted to file for Judgment, to come down and complete the form.

Narrowly avoided carpet burns out of the office and did just that.

I've read a more than a few threads which indicate this isn't altogether unusual and that LTSB regularly enter Acknowledgement of Service after the deadline given by the Court for response and I'm fully expecting them to do the same in this case.

Here's my question!

Can't this be contested? I mean after all, a deadline is just that. I find it at best, objectionable, that a deadline given by a Court can be flaunted without impunity. In all honesty I'd consider that contempt. I know I would say that, but that comment is borne from an unbiased standpoint.

Don't get me wrong, a large piece of me is up and ready for the fight, but I don't understand at all how this stalling tactic is tolerated by the Courts.

Any who's been experienced this or has views, informed or otherwise, would be appreciated :)

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They can and often do. All part and parcel of their intimidation routines.

I fully agree with you that it ought to be Contemp of Court. But unfortunately it isn't. If it does happen, take comfort from the fact that it just means your payout will be delayed by a few days or weeks, but you are nearly there.

I can just picture you barrelling down the street with a mini whirlwind behind you. :D :D :D

 

Just keep your fingers crossed.

 

Regards, Rooster.

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Cheers Rooster! It's just something that's puzzled me. Still does. Where's the line drawn? If Court direction indicates (at the next step) that AQ's have to be delivered on a certain date, can I flaunt that and expect the same leniency? I doubt it.

As I mentioned I do consider it contempt to act in that manner and expect leniency from the Court.

By the way, you shoulda seen my handbrake turn into the Court car park.

Pure poetry :)

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hi thumbs up, ive been claiming my money back since august and unfotunately scm never ever stick to anything they say, in the AQ i sent back they said they wanted to delay by a month to agree settlement, but would not communicate what so ever, even told me to stop calling, they take the mikey out of the legal system and get away with it, but my feeling is the law society will only allow this to go on for so long,

 

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Hey Christina, from what I hear that's a result of them employing more clerk's. More monkey's to the same amount of organ grinder's. Sounds a dreadful thing to say, but the bank's should now be taking this seriously and adopting a genuine business model outside of this current one they've considered successful. That's my view anyway.

You've been pursuing LTSB since August?? How's it going at the mo"??

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thanks for that thumbs up, i'm often on my thread havin a rant, but the nerves are very much kicking in now, i'm not a confident speaker (even though i have my own business) i'd run a mile from any court room and/or judge. and i hate lloyds even more for putting me through this.

 

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No worries. I feel the same. Had a rant earlier Beginning of this thread! I've got my own business as well, but I am a confident speaker and I feel it my duty to put words in the mouth of those that aren't.

If you need any help at all, I'm here and there's no need to feel at all intimidated by Court proceedings. You've the law on your side and intelligent argument will see you through.

Don't worry at al, me and other people will see you succeed :)

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