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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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Parkes Vs Abbey***WON***


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Try this email :

 

Dear Ms Kirkham

 

Whilst i am prepared to accept that Abbey have a right to charge liquidated damages for a breach, until such time that they are prepared to state what they are, then I regret I am unable to accept anything less that 100% of my claim, plus interest to date plus court costs plus , as a litigant in person £9.25 for each of the x (insert how many hours it took you to compile your court bundle) equalling £XXXXXX.

 

Did they file a court bundle? if they didnt then add this.

 

I am well aware that you have breached a court order that ordered the compiling of a court bundle, i know that you have received mine, so unless we can settle this amicably out of court, I look forward to seeing you in Luton on XXXX

 

 

Change and amend to suit yourself

  • Haha 1

Lula

 

Lula v Abbey - Settled

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Lula v Abbey (3) - Stayed

 

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thanks marie LOL

 

I get all stroppy when it comes to other peoples claims, but at this point, she can really afford to hold out for EVERYTHING, she may still have to go to court, just to tell them that Abbey have agreed to pay X amount and can she have a months stay to receive cleared funds and perhaps an order informing them to pay up

Lula

 

Lula v Abbey - Settled

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thats good parkes, how long did it take you to compile the court bundle and printing and ink costs? you should claim for these aswell you are entitled to

Lula

 

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I expect nothing less that they have agreed and are posting a cheque or paying it into your account LOL

Lula

 

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she is off spending her money (Presuming that she is a she LOL)

Lula

 

Lula v Abbey - Settled

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and you will get settlement either this afternoon or tomorrow on the court steps, I am not too far from Luton and would come over if i thought that I would actually see the inside of a court room to see Abbey solicitors squirm LOL

Lula

 

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In that case, why not be a little cheeky, as you may get to talk to the judge in his chambers, print off all the stuff about Abuse of Process and you could ask the judge to issue this. if they don't turn up, he will anyway, but it might be worth taking along incase he wants to give them more time (I doubt that he will).

 

You could say to him that you have given them ample time to settle and that you feel that this is an abuse of process as demonstrated by them many times before

Lula

 

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OK, did they indeed credit a GOGW to your account? have they added all the bits up correctly? including charges, court fees, time doing bundles etc? If they have, ring the court and ask for a stay of 2 weeks, pending cleared funds, if they havnt included anything for bundle assemblage, the go back and ask for it.

 

See what the court says, it may be better for you to turn up to court to tell the judge yourself, take the email to show him also. and

 

 

 

CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Lula

 

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Large G&T please, next time you are in Stevenage

 

didnt know that you had to pay, Just a thought, turn up in court, show the judge the email and let him find for you with a stay, he will do it and i dont think it will cost a thing,

 

Lula

 

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Your not a million miles away are you LULA?

Just e mailed them and said this.

 

Dear Louise thank you for accepting liability.

Unfortunately I have just contacted the court in order to have a stay of 2 weeks to allow you time to process my funds, and have been advised I need to do this today. This will not be the case as I am at work today.

I shall contact you tomorrow with a revised figure as this delay which has been caused by you will add more costs onto my case.

I will take this e mail to court tomorrow and discuss this with the judge and advise you ASAP.

 

ROFLMAO

 

Cojonas in spades there Parkes :D

Lula

 

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ROFLMAO

 

They mean that they have not accepted liability for their charging structure, I would just leave it at that and wait for the spondoolacks to roll in

Lula

 

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