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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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dylon vs the woolwich


dylon
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  • 3 weeks later...

Bank holidays are not counted as part of the 28 days. Therefore they have additional days. If the 28 days including BH falls on a weekend then they have until the next working days to file.

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  • 2 months later...

No need to send a revised schedule of charges including the court costs.

 

Unfortunately I cannot give you any Woolwich specific advice as I am not familiar with them.

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  • 2 months later...

I do not suppose we need to tell you what do with that letter, being polite; just file it in the circular or rectangular thing that you put your rubbish in.

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Unless you hear from the court to the contrary then turn up.

 

I know this maybe obvious to some, but in court do not oppose the stay until it is requested by the bank or the judge.

 

The banks are up to all sort of misleading activities, it is your claim, subject to the courts directions, you should be in control of it, it is not for the banks to tell you what to do.

 

Which court incidently?

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If the banks request a stay and it is granted then I would ask for your costs yes, although the banks may say that you were notified in advance and need not turn up.

 

I have not seen any posts about Edmonton court and how they are dealing with stays.

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Looks like you did your best, can I take it that the judge granted the stay?

 

In my view the test case will not be decided for a year or so. The judge said a few months, even the simplest of cases take 6 months and this is far from simple.

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