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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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Legal Aid


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Can someone tell me if there is any limitations in time for a legal aid debt? A friend of mine had legal aid about ten years ago and the costs were something in the region of £30k. Her husbands business went bust( it was a partnership not a Ltd Co.) and their business property was seized, negative equity loads of loans on second charge, wife didn't know much about the technicalities and just signed the papers when hubby asked her to, you know the score! Marriage broke up - not divorced, family house was sold and she got a chunk which she put into trust via solicitors so nobody can touch it but there is this lingering worry about the Legal Aid bill of £30k. Hubby went bankrupt she didn't and now she's frightened to do anything for fear someone, both the second charge holders on her old property and Legal Aid will come after anything she ever owns again. Poor darling is petrified to do anything. Anyway, are legal Aid debts statue barred and if so after how long?

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When you say your friend received a share of the proceeds on sale of the former matrimonial home, if it was more than £3,000 then her solicitors slipped up in paying it to her as it should have gone to the Legal Services Commission to repay the Legal Aid. You can keep the first £3k of any money awarded by the Court as a settlement plus anything left after the legal costs have been paid back. Usually though, where the money is needed to buy another property because there are minor children, the Legal Services Commission will agree to accept a charge on the property rather than take the money. Its up to the solicitor with the legal aid certificate to register the charge on behalf of the LSC. If they didn't do so then your friend has no need to be concerned.

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I think i remember reading somewhere on this forum that Statute Barred Debts for property are for debts 10years +.

 

Have you tried searching for 'Statute Barred' in the forum?

 

Neil.

 

i think they are 12 years. check out the caselaw Bristol & West PLC vs Bartlett [2002]

 

also if the wife signed the papers without knowing what they were, you may have a claim for "undue inluence" right there!

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