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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
      • 160 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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kia *ANOTHER ABUSE STRIKE OUT!*WON*


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thanks charley sorry for delay couldnt get to compty.Still playing the waiting game by the way the AQ do the abbey have the same timescale as me cos i think there times up and ive not heard a thing yet and by the way i might have posted this twice but dont worry about it i dont

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ive checked on my court form its dated the 19th so thats Thursday so do i phone the court office on friday to see if theyve sent theres inxxkia

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hiya no news yet so now im getting itchy feet dont know what there next sneaky move is and still to get to grips with court bundles mind you i was the same with speadsheets as well and with a bit of help got there eventually will update when news xxkia

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hiya just been chatting with a friend and shes heard from someone else that the banks are defending there cases in court is there any truth in this does anyone know or is just another rumour cos ive not heard this particluar one

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Hi kia,

 

Just thought I'd give you a nudge to see how you're getting on. Any news yet?:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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hiya absolutly nothing so really bored now no court date and no letters no nothing postmans forgotten my address least you guys havent xxkia

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right got letter today it says it si ordered that the claimant do by 400pm on the 23rd2007 file at court and serve a schedule setting out the amount of the individual charges.The dates they were applied to the account and the reasons given for such charges.and the rest is alot of gumph about it being thrown out if i dont.help!!!!!!!!!!!!!!!!!!

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Morning,

 

Haven't you sent a schedule of charges(your spreadsheet) with your claim into court?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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right charley says the harem leader that ive to write this letter in complete form cos its telling me theyve struck out the abbey on mine as well see what everyone else thinks he goes

 

IT IS ORDERED THAT

 

1.The claimant do by 4.00pm on the 23rd May 2007 file at Court and Serve on the Defendant a schedule setting out the amount of the individual charges.The dates they were applied to the Account and the reasons for such charges.

2.The Defence be Struck out as an abuse of position. If the Defendant seeks to Set Aside this Orde they shall have their Application file a schedule of all cases which they have allowed the trial where similar defence have been filed,and have pursued the defence at trial.

3. Refer back to District Judge ************** thereafter for directions

.

 

Dated 24 April 2997

 

well what do ya think

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Guest ChloeJane

Ok,

 

Hi we were chatting in the chatroom.

 

What this basically means is that you are being asked to provide the court and the other side a copy of your charges. If you did this in the spreadsheet fine - all they are requiring is a copy of your charges - by date - reason for charge and amount.

 

Send this to them by the date as stated in point 1.

 

The second bit is stating that they court are seeking to strike out the banks defence - as an abuse of position. Which is correct as they are abusing the right to charge you as they do.

 

So - the judge has struck out the defence which means unless they come up with a very good reason that they should be allowed to defend - (they wont), then with no defence, you win.

 

What the court are doing are they are aware that the banks are abusing the court process, so unless the bank can prove that they have defended other cases of this nature and on what grounds - then they will not be able to have the order to strike out removed.

 

So in essence.........

 

Send off your figures as they have asked!! - then sit back and wait and the court will be in touch for what is next. As far as I can see - it is a win!!! you need to be patient though while the motions go through and the court will be in touch with the outcome..

 

Good result...!

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well i think thats it maybe celebrations in order and never even had to set foot near the court room looks like i just wait for the wheels to roll my money to me yipeeeeeeeeeeeee!!!!!!

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Well Hmmmmmmm, let me think about this......

 

 

 

 

CONGRATULATIONS!!!

Now get your spready down to court FAST and your money's on it's way.

 

 

PS

 

Make sure you plan for your costs

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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how do i do that oh master of the harem

 

 

Well,slave girl,

 

Listen and you will learn

 

I would e-mail Abbey quoting the letter from the court in full, and saying about settling, but that you've spent much time,effort,paper,ink, and postage on this claim............and you want it back (reimbursement is the technical term).

 

You'll need to do a spready to show all your calculations, but the going rate is £9.25 per hour of work and this can include research on here as well. Teebum claimed 49 hours work at £9.25 per hour and it was paid. Make sure it's done properly in case they want to see it and add it to your final figure as a separate item.

 

 

Now then,

 

 

Where's that peeled grape I asked you for??:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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oh my god cant really be arsed and alread taken spread thingy in wot know oh master and the grape is in my pocket

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Well that's fine.......the court doesn't need it. But you'll need it for the Abbey so there's no desperate rush.......get it ready once it starts to rain on Sunday, and you'll be ready for th'Abbey on Tuesday after a chilled out Bank Holiday, and think what you can spend the extra £400 on.

 

 

 

cf

 

 

Ps have the grape yourself......I don't want it if it's been knocking around in your pocket for most of the day:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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oh definatly the harem and master wouldnt be right not to eh and the master does like his grapes so much!!!!!xxkia oh and ill have a butchers at the link ta love

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Which court is it Kia?

 

And does this say abuse of process?

2.The Defence be Struck out as an abuse of position.

 

Oh, and congrats, by the way!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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