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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
      • 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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un1boy - N1 issued for breach of CCA request


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Un1,

 

 

 

Totally understand your reasons. You MUST go on Wednesday as if you do not there is a good chance that the Bank's solicitor will try to stiff you with a wasted costs order.

 

This is small claims track? If it is then there can be no costs order from an appeal hearing unless you are unreasonable. Not turning up could be classed as unreasonable.

 

Good Luck

 

Dad

 

Dad

 

Thanks. I will go anyway. They have old me though that if I do not go they won't be asking for any further orders. It is small claims.

 

I am going to pay them today - I think you soooo much for all your help (everyone) but I just can't keep fighting anymore. I am really peed off that I have had to by the judgment and transcript costing over £500....but it's great eveidence to back up my complaints to the SRA and the Ministry of Justice, so that's not too bad I guess. I havent given the bank a copy because I paid for them.

 

The ironic thing is £1000 of the payment to them is having to go on a credit card, lol....but, as mentioned before, I was always happy to pay the balance.

 

PS - they are relying on an authorites relating to Coots. If anyone wants to see it, PM me your email and I'll whizz it over to you.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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Hearing that you've finally given up, won't take it further whatever he decides, after all that, might just get you a lenient ear and some favour for coming this far.

 

I don't understand this mate!!

 

I don't think the Bank will appeal if you win - it would cost them more money, after bad, so the commercial decision should be to let sleeping dogs lie from both of you.

 

I know, but I'm too sure. The total debt os only around £6000 and they've taken it this far with costs of about 3-4k apparently. I just think they may appeal just to clog it up for longer....

 

Good luck with whatever you decide to do, matey...

 

Thanks, I'm paying them today. I just can't afford it anymore.

 

knowing my bloody luck though, I'll get made redundant, default on my credit cards and get defaults back on my blooming file....lol

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Don't look at it negatively uni. You've achieved a good result in that you've paid them a lot less than they were claiming & if you are happy with the outcome, that's your reward. Just sorry you've been through hell to achieve it but that's life, we all live & learn & usually the hard way. ;)

 

BW - FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I don't understand this mate!!

 

I was grasping at straws, showing you how the tables can turn depending on which Judge you get, so no worries there.

 

The ironic thing is £1000 of the payment to them is having to go on a credit card, lol....but, as mentioned before, I was always happy to pay the balance.

 

knowing my bloody luck though, I'll get made redundant, default on my credit cards and get defaults back on my blooming file....lol

 

That wouldn't be an unenforceable credit card debt, would it? ;)

 

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Lol - no, unfortunately. I don't have any other pre-2006 ones I think!! :(

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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ilbart v Graham (A Firm) [2008] EWCA Civ 897 (24 June 2008)

By Law Brief Publishing on 24/06/2008 00:00

 

Judge Wrong to Refuse to Vacate Trial where Party Awaiting Disclosure: The Court of Appeal held that, having regard to the overriding objective, the judge had been incorrect to refuse to grant a defendant’s application to vacate a trial. The Appellant had realised that specific discovery of certain documents had not occurred and applied to the court on the basis that the Respondent had not given up the documents that were pertinent and required. The judge had held that the parties could comply w ...

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Got my sympathy boy been shocked myself at the c**** judges on my two court visits. You assume they are there to uphold the law not the status quo, one law for the poor and no prosecutions likely for the MP's...

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