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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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pinkduchess v HSBC


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letter finally received - for what its worth after yesterdays announcement - I suppose time will tell.

 

District Judge xxxxx has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 10.30 on 12 October 07 at Watford, etc…

No allocated time to hear the case?

 

The court must be informed immediately if the case is settled by agreement before hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts’ report) on which he intends to rely at the hearing no later than 14 days before the hearing.

Full court bundle to get to DG and the court on the 28th September

 

The original documents shall be brought to the hearing.

 

Witness statements (including those of the parties themselves) must be included in the documents filed and served.

 

A party failing to comply with this direction will not be able to call/give that evidence without the permission of the Judge hearing the case.

 

The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However the court must be informed immediately if the case is settled by agreement before the hearing date.

Keep up the nudge letters :)

 

No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

 

Date: 20 July 2007

 

Pretty standard directions so just produce your court bundle and keep up with your nudge letters :)

 

pete

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From what I have seen from the people who have phoned the courts today if you have a date that will remain and the case will follow the normal course.

 

Waiting myself to hear if I have a date, I think if the new directions dont mention anything it will mean the Judiciary have decided to carry on as normal and see if the banks show up in court for the test case

 

pete

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PD, got everything crossed for you!

 

Pete, as far as new claims go, won't the courts have to treat each claim on it's own merrits?

The courts arnt bound by any agreements made between the banks the FSA and the OFT they can do what they want (which is right) if you file a claim with the county courts it has nothing to do with the test case unless your local judge wants it.

The claim will get to allocation and the judge will then give directions. The banks will have to then apply for a stay and it will be up to the judge in each case whether to grant the stay or not. And if they did grant it the claimant would suurely have the option to appeal?

Or am I reading this wrong?:confused:

 

Correct :)

 

pete

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Remus, if you click on my name you can read all of the stuff I post, I realise my sence of humour is a little strong and often earthy :D but I dont belive that detracts from what I tell people, in fact I think it helps to relive tension, in what is for some people a very stressfull situation :)

 

pete

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Hi Van, PD will be sunning herself in Ibiza until next weekend, lucky girl !!! :) so I guess thats the vampire theory disposed with .

 

I think any way you can get your money back from your branch has to be worth it especialy with the new OFT test case apparantly putting everything on hold untill the banks see fit to accept some kind of ruling in the test case.

 

I know people who have relocated to Spain and they love it there, I must admit that I've always found the Spanish people generaly much friendlier than the French, I suppose there is a lot of history between our nations which has to be overcome :)

 

pete

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