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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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gordylar vs HSBC ****WON****


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Lattie lots has been up,

 

Sorry been unable to reply sooner been in-undated at work.

Right I contacted the court yesterday and asked the lady who I spoke to about my claim and where I stand, why I was allowed to press for judgment etc. She informed me that I should not have pressed for judgment, the reason she gave me: It was in case they (dg) send me a letter admitting that all monies are owed to me, only then could I press it to apply for judgment against them. I told her that I was under the impression that the claimant was unable to press for judgment unless they had won, she informed me this was a standard thing on mcol and I should not have pressed it .

 

Now I must fill out a form which she is sending me to ask for the judgment to be removed.

 

SO IF YOU CAN PRESS FOR JUDGMENT WHEN IT "SAYS CLAIMANT HAS ADMITTED ALL MONIES OWED"

 

DON'T

 

I also received the papers from the court today which says:

"In accordance with your request, judgment was entered against the defendant on the 7th February 2007.

Do you think I should inform DG of my error? or just fill out the court form and return it, possibly hoping that DG might just pay up after they receive their letter from mcol saying judgment has been entered against them.

 

Has anyone else noticed this on their mcol?

 

In my judgment box it said continue, So I continued, it then mentioned about the defendant admitting to all monies owed. so I clicked on next, It then gave me 2 choices

 

1. Defendant has admitted to all monies owed.

2. Defendant has not paid all monies owed.

 

I entered the first one. Seems to me now that this should be the stage after the claim has been to court or they (dg) make an offer that is accepted (perhaps).

 

So on with the claim :???:.

 

 

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wow, don't know what to say...............and that IS unusual.

seems to me it was mcol's tech. prob. you just pressed the button - i've always said, and believed, you couldn't press it until it was ok to and only then were you able to - the fact that you got passed that bit before time - well, i kind of wish you hadn't called the court - just pressed on- so to speak! maybe you could hold off sending that court paper back that she is sending you - just sort of wait and see what dg makes of it when they get their paperwork from the court. i think what you are seeing is just the bit that it would have progressed to had they not entered a defense in time (which, they didn't, sort of......) so, think i'd hang on and see what happens next. you could...............ring dg when you know they aren't there and get voicemail and give them your name, claim number, telephone number and just leave the message, "i just want to know when i can expect to see this settled?" obscure enough to cover anything??!!

guess what gordy, i'm waffling here - think you are on your own deciding what to do.... but i'd be tempted to let it ride, on the court side of things and just see what happens. i bet crusher would have an opinion. i'll see if i can get him round to look. keep in touch.

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lattie,

I'm in the same mind as you about holding off sending the form back to northampton. Good idea though about dg think I shall do that first thing monday morning. Don't need to worry about not speaking to anyone I only ever get the answer phone :mad: . Then they ring me back and leave me a message on my ans phone.

p.s. waffle on :).

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DG are no fools when it comes to litigation....they know the rules.

 

Its likely they will apply to have this set aside,although there is a chance that they will then settle.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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gordy, i don't think your'e gonna get any answers tonight from anybody that knows which direction this is going, but i don't think you should worry yourself too much - what's another day!

 

on a lighter note... i've spent many a brilliant time in sunny ol bournemouth - have loads of connections there. one of the biggest decisions of my life was made on the beach at hengistbury head, just around the corner lol - never looked back!

If i've been helpful in any way....then tip my scales over there!

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Cheers netty,

It's just in case I don't get on over the next day or so.

 

Rainy ol b'mouth at mo, been to brum a few times. My bruv married a brum lass and settled (could be you ;) ),sis.

Imagine I,d have a mamie lattie and a sis netty :D , and we'd all be rich thanks to HSBC :D:D:D .

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dear son,

i take it martin meant the judgment. i know nothing about any of this - but i think it's worth letting that part of it go through - just to see where it gets and i don't think it will affect the claim as such (my little fear was wondering if you know the courts have screwed up - should you tell them and press for them to get it right - still don't know do we?) as we've said before - sometimes the best thing to do is nothing at all. so, just keep busy at work and see what happens next. we're here when you want us - that's what families are for!

m.l.

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Thanks m.l.

I received an answer phone message from Rachael at DG today asking me to urgently phone her. So I did and guess what I got straight through to her .................

 

 

 

..........ans phone, SURPRISE SURPRISE :mad:.

Anyhow will keep trying and leaving messages, hopefully it could be an offer :rolleyes: .

Will update later, fingers crossed.

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hi gordy

just so you have them handy:

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

Fax 0121 455 2150

try ringing all of them til you get an answer!!

 

oh good luck - hurry back and let us know pleaseeeeeeeeeeeee!!!!

If i've been helpful in any way....then tip my scales over there!

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dohhh!!!!!!!

 

Thanks, mam lattie / sis netty,

 

Rachael called back yesterday, asking about the judgment and that HSBC had not admitted owing me MY money. I told her that on mcol it let me continue and that it mentioned about the defendant admitting to all monies owed. So I applied for judgment and it was accepted :razz: (just played dumb on this).

However they have applied to have the judgment removed as it is invalid (which after speaking to the court I think we knew). Rachael also said it might cost me £35 for having it removed, and it might benefit me to write them a letter asking this, stating that it was an error on my part (could save me the £35). Must say though she was very nice and helpful, makes me feel a bit sorry for them having to sort out HSBC's mess (only a bit).

As regards to my claim she said it is in the system, and they are going through my breakdown etc...

So unfortunately no offer from DG as yet :( .

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Lost no weight, I put some on drinking too much guinness :o not as young as I used to be :smile: .

 

Received an n244 form today from mcol to have the judgment removed, it will cost £35 :mad: , and it was sent on the 08/02/07 and I have 7 days to return it from the date of the letter (tomorrow), idiots. Otherwise it will have to go to the district judge for directions, which may mean (in their words) your case will not proceed.

Great more phone calls and being held in a queue :-x to try and sort this out.

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