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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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Just joined and have read through many of the threads. Have sent off my letters and applied to court. Judgement in my favour, but how long do I wait for the bank to pay the money in my account? do i contact them about payment? or do i issue the warrant straight away? confused member!

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Guest ChloeJane

Hi Cole,

 

Well done on the judgement in your favour!

 

Your post says little about it all, but yes you can issue the warrant immediately after judgement.

 

You don't need to alert their solicitors or make contact and there is no time limit for enforcement of when you action your judgement as in a waiting period. You can apply now!

 

If the amount is over £600 you can have it transferred to the High court for enforcement. This is often a much better result!

 

Glad you got your claim through! Enjoy the win!

 

If you won by default judgement and anything changes then you are welcome to look me up!

 

Enjoy!

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Thanks for the advice. I actually sent off all my letters to Lloyds and they basically refused the refund of charges. I then applied to court via MCOL and they acknowledged the claim within the 2nd week, but they have not put in a defence. Received confirmation from the court that Judgement in my favour. Have tried to contact Lloyds at Andover, but line constantly engaged, so was really wondering what to do next. I looked a previous threads relating to judgement and there was one with a letter to write to the bank before applying for the warrant... is this a good idea? also the amount is over £600... why is it better to transfer to the High Court for enforcement, and is there a cost in doing so? Would appreciate any advice!

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Guest ChloeJane

Hi Again,

 

Unsure of when you won by default I will try and give you what could and could not happen next as you are seeking further information.

 

I would phone a high court enforcement office and ask about the fees etc. You do not wear the cost of these and it is added to the monies that they gain or goods seized on your behalf to settle the debt.

 

I would phone a High Court Enforcement Office and ask them for further details. The reason I suggest High Court is that transferring the judgement to them for enforcement gives them much greater powers overall to see the matter through and are more pro active in seeking your monies for collection.

 

As you won by default and it is - within 14 days be aware that sending in the Bailiffs too early can alert them to this, and they can apply to the court to have the judgement set aside and if accepted file a defence.

 

A good link to understand default judgement is

 

PART 12 - DEFAULT JUDGMENT

 

I personally would wait till the 14th day before taking action so not to alert them to the default judgement and have them trying to set the judgement aside.

 

The choice is yours though and hope this helps.

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Hi ChloeJane, thanks for the information on Default Judgement, which I read through and got the jist of things. My 14 days since judgement will be up on the 30th April. In the meantime, I will take your advice about contacting a High Court Enforcement Office. Will keep you updated and thanks for your help!

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Hi just need further advice, I have read through some of the threads whereby someone was advised to fax a copy of the Order from the Court with a covering letter informing Lloyds of the outcome. Do you think this is a good idea before going to the High Court Enforcement Office? A response would be appreciated...

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