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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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benjy48
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I am thinking of requesting the stay to be lifted. I have looked at the Stay thread and have had some encouragement with some of the advice given, including the issue on hardship, of which I am now experiencing. I earlier took the view to give up, which means I may be over my 7 day dispute time limit. Does that mean I have to accumulate a bundle and pay the court £35, or just fill in a N244 form and give £35?

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Benjy another point to consider... the test case is 8 to 12 weeks away.

 

The courts are listing hearings at between 6 to 12 weeks at the moment.

 

If you get a hearing to lift your stay and win you will be looking at 12 to 24 weeks before your case hearing gets a court date.

 

It's up to you and I know its a very motive subject because we all feel very hard done by with the current situation but as the test case gets closer I can see a lot of Judges seeing appeals against stays just being a waste of their time.

 

pete

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  • 2 weeks later...

Hello, on 17/10/07 I sent an email to admin@consumeractiongroup requesting help against a stay base on hardship. I don't know if it is because they are busy, but I have not had a reply to my email. Is this a waste of time? I am getting quite desperate now.

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To be honest benjy, we've recently seen claimaints in genuine financial hardship (with severe health problems as well) turned down at their hearings to request their stays are overturned. However, if you would like to proceed and you feel that you have an exceptional case to put forward, this link http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115023-application-removal-stay-grounds.html will help you to put your application together.

 

Best of luck :)

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  • 1 year later...

Hi,

It has been nearly two years since I first made my claim. I have since seen the world going through a recession, Lloyds was nearly bankrupt and had to be bailed out by the taxpayer(including me) and now their share price has crashed and burned. What chance do any of us have of reclaiming charges now? I suspect we are way down Lloyds list of priorities at the moment.

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