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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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Acting on behalf of my son ** WON **


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Hi CAG

I am acting on behalf of my son. I'm just filling out the N1 Claim form and have a couple of questions which I hope someone can advise on

1) I have put my sons name as the claimant. When signing the statement of truth at the bottom do I put 'the Claimant believes' that the facts stated are true or 'I believe'?

2) When it says I am duly authorised by the claimant to sign this statement - Do I need to provide anything from my son to substatiate this?

Any advice gratefully received

Thanks

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Hi CAG

I am acting on behalf of my son. I'm just filling out the N1 Claim form and have a couple of questions which I hope someone can advise on

1) I have put my sons name as the claimant. When signing the statement of truth at the bottom do I put 'the Claimant believes' that the facts stated are true or 'I believe'?

2) When it says I am duly authorised by the claimant to sign this statement - Do I need to provide anything from my son to substatiate this?

Any advice gratefully received

Thanks

 

Have just had a quick look at your ther posts. Just want to clarify something. Although you say you are acting on behalf of your son, is he unable to represent himself for health reasons ? If so are you his 'Litigation friend' ?

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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I have now read up a few comments from others and realize that I can't act as a 'Litigation Friend' so we are going to file the claim under my sons name and he will sign. Problem may come that he'l be in California before the case gets to court/settlement date. Does anyone know whether I can attend in his place with his permission or if not does the case just get flung out?

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i have read a few posts like this you will have to send all documents that need signed to him and he will need to be there in any court attendance give your local court a ring first just in case i could be wrong

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Hiya

 

Been there done that

 

 

You need to download a copy of the power of attorney document

 

fill it in as your son giving you enduring power of attorney

 

get a solicitor to endorse/certify it

 

this will give you FULL power to act , when/his day comes in court you stand there "as if him"

 

 

Sign all docs As Attorney for and on behalf of Mr X

 

 

Cub

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Thanks very much for this. As it happens i'm not going to need it as Lloyds have just refunded everything in full. Just about to post details.

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Out of the blue I received a letter from lloyds which appeared to be an offer but is actually for the whole amount I was claiming on behalf of my son - £490 pounds - which they say will be in his account within ten days. No idea why! My son had gone over his overdraft limit for only a minor amount of time and almost all the charges related to charges imposed by Lloyds. Dont know if this made a difference. Good luck to everyone else trying to get their money back and thanks for the help - the community is fantastic support and is really giving the power back to ordinary people to fight these injustices. Would like to donate and hope other people who win don't forget to do the same.

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Hi

See above on this thread for details - claim for £490 covered in full. I didn't claim compound interest - just wanted to get my sons student account back in the black.

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