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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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Citi Claim


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Hi

In my local county court they told me to wait at least 7 days after issuing judgement in default, did you attempt to issue judgement earlier, if so it could be that or citi have a sneeky way of getting papers into court late.

I waited 3 weeks after they failed to acknowledge and was about to enforce the judgement when they applied to have it set aside, not sticking to the time scales is something they do on a regular basis and are getting away with it:mad:

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Ah this sounds like my case then, I dont know why more time is given to bag companies such as these as we would have our cases thrown out if we messed about like this.

 

I checked on MCOL as all my claims have been issued before this.

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Hi everyone, any chance of some help as this is the first time I have become confused with any of my now 5 claims, 4 of which have been settled.

 

I recieved a letter this morning from MCOL which goes on to say

 

Dear Sir/Madam

Your reply to the County Court Claim is returned for the reason(s) indicated below

 

- It is unsigned

- N9A/N9B must be signed by the defendant in person

- It was recieved outside the 19 days permitted. Judjment has been made against you. If you are disputing this action please complete the form N244 attached and provide a £65.00 fee. Cheques or postal orders must be made payable to "HCMS". If you are on income support, jobseekers allowance or family credit, you may be eligible to apply for an exemption form.

- Please clarify if you are admitting, disputing, or partially admitting the claim.

- Please specify the amount you wish to counterclaim and submit the appropriate fee as per the attached fee list, made payable to "HCMS". If you are on imcome support, jobseekers allowance or family credit, you may be eligible to apply for an exemption of the fee. Please also find enclosed an application for fee exemption form.

- Other: Please state claim number and resubmit.

 

Please return thie form when you re-submit your response to the claim.

 

your faithfully,

 

blah blah

 

All of this was submitted with a copy of Citi's bog standard defence of which I have seen many times on this site.

 

I am really stuck here as it looks to me like it was maybe meant to be sent to them.

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not 100% sure, but it sounds like this is meant for Citi.

 

Unless it is a copy for you? I would give MCOL a call and ask.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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  • 4 months later...

Hi everyone, I need some help.

 

My court date is tomorrow, however I dont have my court pack ready. The main reason for this is that I have been too busy with work recently, the months of August and Septmber are the busiest times of year where I work.

 

I now need to know my options, I was thinking I could pop down to the court and cancel my clam and write to citi today letting them know this, my other option is to just do nothing which I dont believe is really an option.

 

Could someone please advise me on how I can reslove this ?

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what have you got in your court pack, have you got both citi costings £12.88 and 13.47, I was relying on the OFTs report for a lot of my arguements as after reading through it a couple of times it clicked, 3.7 general damages and special damages i believed were very relevant, also 3.12 also 3.16 and 3.17 and 3.18 all god arguements, did the courts order full disclosure..Gc

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