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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 
      • 81 replies
    • 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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Sammi_Babe v HSBC ***WON***


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What seems to be happening at the moment is that whan you send in your court bundle to dg they will make an offer. You usually need to send the bundle in 14 days before the court date. Have a read of this thread court bundles for dummies . It will guide you through the court bundle step by step. If at any point you get stuck just come back here with your questions.

Have you sent dg any nudge letters?

If not then you might want to send them one now. In it you can stipulate that you will only accept the payment via cheque and i they do not agree to this then you will take the case to court.

Hope this helps for now.

I will post a link for the nudge letters in just a moment!

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So your bundles have to be in by the 13th. Today is the 2nd. You got loads of time. When you do send it, yes send recorded to dg. If your court is local and you have time you can deliver it by hand and save a few quid.

Give yourself a couple of reads to get your head round the bundle. Once you start getting it together just ask when you get stuck.

Use the link I posted above as Lat has made it really easy to follow.

Oh and yes send a nudge to dg together with another copy of your charges.

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  • 2 weeks later...

Here is a copy of my index for my bundle. I did add a bit to this but if you can get your index to look similar to this then you are almost there!

 

INDEXDescription: Pages:

1. Correspondence 1 - 38

2. Bank Statements 39 - 85

3. Statement Of Evidence 86 - 92

4. Relevant Case Law Summary 93 - 95

5. Early Day Motion From The House 96 - 98

Of Parliament

6. Dunlop v New Garage 99 - 100

7. UTCCR 1999 101 - 112

8. UCTA 1977 112 - 124

9. SOGA 1982 124 - 139

10. OFT Statement Summary 140 - 142

11. List Of Previously Settled Cases 143

12. HSBC Bank PLC Terms and Conditions 144 - 189

13. Latest Schedule Of Charges 190 - 192

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The statement of evidence or witness statement seems to get most people. Without me re-writing lats thread............. just read the section on the statement of evidence again and follow the links that lat has put in there. If after reading it again you are still stuck I will have a hunt around for one that you can just adapt.

 

All the rest is looking good.

 

How many t&cs are you including? And what years?

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Look don't worry about the soe for now. I will have a look round for it later. I got to go out for a few hours and do some work. If you just doudle check everything else in between feeding the baba, then all you will have to do later is the soe and number the lot!

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