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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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Jimbo_the_Jetset vs Lloyds TSB


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GuidoT you are a star.

 

01/08/07 - Called Swansea Court. The Allocation hearing will not be going ahead [and I am shortly to be notified of this] as there has apparently been 'a blanket directive' from the judge overseeing the cases in this area staying them until the test case is decided.

 

B****r!

 

So, I guess everything goes into cryo-freeze for the next 1-3 years while the test case goes ahead.

 

I am considering making an application for removal of a stay but would like to take advice, i.e.,

 

Does it stand any hope of success?

 

It costs £35 as I understand and if the decision to stay is uniform across cases and has come from above.

06/03/07 Second! request under Data Protection Act [no reply].

06/03/07 Lloyds claim charges fair.

26/04/07 Statements received.

30/04/07 Request £2158 returned to me.

16/05/07 LBA.

29/05/07 Lloyds deposit £750 in my account in ‘full and final settlement’.

30/05/07 £750 accepted as partial not final settlement.

01/06/07 Claim entered via MCOL

15/06/07 Claim Acknowledged

18/06/07 Defence filed (standard 10 point)

27/06/07 Notice of Transfer [nb. AQ dispensed]

17/07/07 Notice of Allocation Hearing – scheduled 10 August in Swansea CC.

27/07/07 Draft Order sent to court and SC&M.

31/07/07 Conversation with SC&M. Not settling - applying for a stay.

02/08/07 Case Stayed

08/08/07 Application N244: Removal of stay sent

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This is another link for stays to help you with your decision:

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

I cannot advise either way at present as things are unfolding. By the time you receive written notification from the court, we should know better where we are and whether the stays can be lifted and whether the application is worth making.

If I have been helpful please click on my star and add a comment.

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OK. Thanks GuidoT.

I guess I'll wait a while and see how absolute this type of stay is before challenging mine [if at all].

06/03/07 Second! request under Data Protection Act [no reply].

06/03/07 Lloyds claim charges fair.

26/04/07 Statements received.

30/04/07 Request £2158 returned to me.

16/05/07 LBA.

29/05/07 Lloyds deposit £750 in my account in ‘full and final settlement’.

30/05/07 £750 accepted as partial not final settlement.

01/06/07 Claim entered via MCOL

15/06/07 Claim Acknowledged

18/06/07 Defence filed (standard 10 point)

27/06/07 Notice of Transfer [nb. AQ dispensed]

17/07/07 Notice of Allocation Hearing – scheduled 10 August in Swansea CC.

27/07/07 Draft Order sent to court and SC&M.

31/07/07 Conversation with SC&M. Not settling - applying for a stay.

02/08/07 Case Stayed

08/08/07 Application N244: Removal of stay sent

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  • 2 weeks later...

Ok,

So I spoke to Cardiff CC a couple of days ago and was told that the cost of submitting the N244 Application for Removal of Stays was being waived by the court.

 

09/08/07 Submitted my N244 Application for Removal of Stay

 

my Part C was based on the material in the forum - here goes!

 

In my covering letter I also asked the court to consider the draft order directions (you never know!)

06/03/07 Second! request under Data Protection Act [no reply].

06/03/07 Lloyds claim charges fair.

26/04/07 Statements received.

30/04/07 Request £2158 returned to me.

16/05/07 LBA.

29/05/07 Lloyds deposit £750 in my account in ‘full and final settlement’.

30/05/07 £750 accepted as partial not final settlement.

01/06/07 Claim entered via MCOL

15/06/07 Claim Acknowledged

18/06/07 Defence filed (standard 10 point)

27/06/07 Notice of Transfer [nb. AQ dispensed]

17/07/07 Notice of Allocation Hearing – scheduled 10 August in Swansea CC.

27/07/07 Draft Order sent to court and SC&M.

31/07/07 Conversation with SC&M. Not settling - applying for a stay.

02/08/07 Case Stayed

08/08/07 Application N244: Removal of stay sent

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Here's a history of my claim (mostly to clear my own confusion!):

 

06/03/07 Second! request under Data Protection Act [no reply to first].

06/03/07 Lloyds claim charges fair.

26/04/07 Statements received.

30/04/07 Request £2158 returned to me.

16/05/07 LBA.

29/05/07 Lloyds deposit £750 in my account in ‘full and final settlement’.

30/05/07 £750 accepted as partial not final settlement.

01/06/07 Claim entered via MCOL

15/06/07 Claim Acknowledged

18/06/07 Defence filed (standard 10 point)

27/06/07 Notice of Transfer [nb. AQ dispensed]

17/07/07 Notice of Allocation Hearing – scheduled 10 August in Swansea CC.

27/07/07 Draft Order sent to court and SC&M.

31/07/07 Conversation with SC&M. Not settling - applying for a stay.

02/08/07 Case Stayed

08/08/07 Application N244: Removal of stay sent

06/03/07 Second! request under Data Protection Act [no reply].

06/03/07 Lloyds claim charges fair.

26/04/07 Statements received.

30/04/07 Request £2158 returned to me.

16/05/07 LBA.

29/05/07 Lloyds deposit £750 in my account in ‘full and final settlement’.

30/05/07 £750 accepted as partial not final settlement.

01/06/07 Claim entered via MCOL

15/06/07 Claim Acknowledged

18/06/07 Defence filed (standard 10 point)

27/06/07 Notice of Transfer [nb. AQ dispensed]

17/07/07 Notice of Allocation Hearing – scheduled 10 August in Swansea CC.

27/07/07 Draft Order sent to court and SC&M.

31/07/07 Conversation with SC&M. Not settling - applying for a stay.

02/08/07 Case Stayed

08/08/07 Application N244: Removal of stay sent

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Did you receive written directions from the court on 02 August 2007 that it was stayed?

 

This is the only information I have on stays in Cardiff:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/109040-can-some-one-please.html#post1056994

If I have been helpful please click on my star and add a comment.

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Hi GuidoT,

Yes, unfortunately I received written notice that all claims at Cardiff CC [where my claim was transferred] were being stayed, and this included mine on

02/08/07.

06/03/07 Second! request under Data Protection Act [no reply].

06/03/07 Lloyds claim charges fair.

26/04/07 Statements received.

30/04/07 Request £2158 returned to me.

16/05/07 LBA.

29/05/07 Lloyds deposit £750 in my account in ‘full and final settlement’.

30/05/07 £750 accepted as partial not final settlement.

01/06/07 Claim entered via MCOL

15/06/07 Claim Acknowledged

18/06/07 Defence filed (standard 10 point)

27/06/07 Notice of Transfer [nb. AQ dispensed]

17/07/07 Notice of Allocation Hearing – scheduled 10 August in Swansea CC.

27/07/07 Draft Order sent to court and SC&M.

31/07/07 Conversation with SC&M. Not settling - applying for a stay.

02/08/07 Case Stayed

08/08/07 Application N244: Removal of stay sent

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