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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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backdoor CapQuest CCJ for citi Card - set aside?***WON***


deedee1310
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Hello everyone.

 

I still feel like poo but the fever has broken (for now) so I will quickly update.

 

I called the Court and spoke to a nice gentleman who advised me what to do. I did start off by asking for the Court Manager as directed by Laiste but he broke down the process for me and told me to ask for him when I came to submit my forms.

 

I duly went this afternoon and he was as good as his word. He came out from the back office and checked over my form before I submitted it. Just as well really as my fever-addled brain had missed a few things off the form! LOL!

 

Basically I have done the following;

 

1. I DID complete the AOE but stated that I was self employed (not technically a lie as I have set up a business this year, have proof as well)

 

2. The effect of stating self employment is that it effectively cancels out the AOE as an application for one will not be granted if the defendant is self employed.

 

3. I then submitted my N244 using the wording that Laiste kindly supplied which was based on my original draft. I made a small amendment to state that the CCA request etter had been signed for on 18 June 2007 and included a copy of my receipt and the website printout showing that it had been signed for.

 

The effect of the above is that on 18 July when the AOE clerk sees my completed form, the application will be cancelled (due to self employment). If I hadn't submitted it today, regardless of the fact that I only received it (today - Laiste), it would still have been due on this date. When the AOE clerk runs the report on this date, the next stage is AUTOMATED so I would have had a summons issued for non-compliance. Eek.

 

Now when Crapquest get the news that they can't get an AOE, they will more than likely move for a Warrant of Execution to be issued. However, they will now find an N244 blocking their way. I ticked that I would like a hearing on the form and I will be interested to see if they will actually turn up at court. The bar stewards mad0147.gif

 

Oh well if it's a fight they want, it's a fight they'll get. I've rolled up my sleeves and I'm ready for round two.

 

Thanks to Laiste, POET, tomterm, Jo and all of you who have been reading this thread.

 

BATTLE HAS COMMENCED!!! mad0052.gif mad0040.gif

 

PS - sorry for the rude smilies but they sum up how I'm feeling!

 

deedee xxx

You will have ruined someones day over in the paralell world that is Crapquest. There they were thinking they had got another rubber stamp CCJ and you come along and pee on their parade. I wonder how they will explain that you werent told of anything

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Thanks ODC. Do I send it to the court office?

Yes but try ringing the Baliff just to let him know you had already submitted it within the timescale. Its not your fault the Courts are running behind. The baliff should have known this. He was a bit quick off the mark if you ask me

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