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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
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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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Do you need to bring a court bundle to a directions hearing?


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is it even necessary? i have a directions hearing and wondered what paperwork to bring along, if any at all.. hopefully someone who has turned up to one one these things can shed some light..

 

bless

:cool: Barclays claim for £1,460

 

10/06/06 - S.A.R - (Subject Access Request) sent.

21/06/06 - Statements received.

05/10/06 - Prelim letter sent.

19/10/06 - LBA sent.

02/11/06 - Offer received for £700.

12/11/06 - Rejection letter sent.

23/11/06 - MCOL submitted (£1,890.27 with 8% interest).

24/11/06 - Charges schedule sent to bank & court.

28/12/06 - Barclays file defence/AQ received from court.

14/01/07 - AQ & charges schedule sent to court.

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Which court is your directions hearing in? Is it Mercantile? If so see the thread 'Directions Hearing Leeds' held on 7 Feb 2007. It's a large thread, so home in on page 14 onwards to start with. The directions hearing was a means to an end, about 94 out of the 99 cases listed were settled in the days before the hearing and the remaining 5 settled at the hearing or just after. I assume the judiciary fully expected that to be the way it was going to go - there was no way that they could have dealt with 99 cases in the half day hearing. All that was required before the hearing was the case management information (CMI) sheet (filed with the Court and served on the defendant). I think those who prepared a Court bundle wasted their time, buy I can't say categorically that that would be the case in respect of every mercantile directions hearing.

If yours is Mercantile, have you seen the thread 'Sticky: Mercantile Court Guide' and my post on that thread - it takes you to CPR 59 Mercantile Courts and from there you can get into the Practice Directions for CPR 59 which explains what is needed and when.

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  • 1 month later...

You don't need to submit one, but its useful to refer to if asked questions by the judge. So if you've prepared one, take it along, if not - don't worry, print off the standard bundle and take that along. I refered a few points of law within it.

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