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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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lets get ready to bundle


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hi gizzmo,

hope this lifts your spirits, have received a letter from YB saying that they "INTEND TO APPLY TO THE COURTS SHORTLY" to have all claims stayed, this has not been done as yet as it requires them to actually go b4 a Judge and then it is the Judges decision on the outcome either to stay all claims or not.

My letter was dated the 31st July , came this morning 1st class post took 8 days to arrive , phoned the court re; this letter this afternoon and was told that they have not had this granted yet, and that their bundle to the court and to myself SHOULD HAVE BEEN SUBMITTED YESTERDAY AND AS NOTHING HAS BEEN SUBMITTED FROM THEM UP TO TODAY THEN THEY HAVE DEFAULTED AND I can ask the judge to pass the judgement of default upon them , and unless after receiving my letter regarding their default they have not settled b4 Aug 21st then to appear in court as requested unless contacted by court b4 this date.:grin: :D

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i to got same letter this morning from YB an my court date is 7th sept my bundle hand in date was early july so well an truly passed an not a thing from YB has been sent so they can apply for what they want surely they have defaulted by noncomlience of the courts directions which were before the test case were anounced so as far as i can see they defaulted an i have won on those grounds alone so BRING IT ON YB. BRING IT ON to me they are just desperate hahaha

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the letter must be automated, wonder if it cost £35 to send. i'v found some info on asking the court to overturn a stay, i dont understand it, but at least iv found it. junkimunki / conalot hope they have to pay up and dont spend it all in one shop

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  • 2 weeks later...

received a letter saying court staying case until outcome of test case, went to court and was told i needed to fill an application notice n244 and it would cost £65, it seems that all requests to overturn a stay are to be (at a hearing) dont know if this is the same at all courts. can anyone offer advice

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i to got same letter this morning from YB an my court date is 7th sept my bundle hand in date was early july so well an truly passed an not a thing from YB has been sent so they can apply for what they want surely they have defaulted by noncomlience of the courts directions which were before the test case were anounced so as far as i can see they defaulted an i have won on those grounds alone so BRING IT ON YB. BRING IT ON to me they are just desperate hahaha

 

My date is the 7th to.

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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  • 2 weeks later...

hi caro, hope you read this

can you tell me if this will help me with my claim. last week i tried to cancel a direct debit when i noticed that the account was in someone else's name,( this happened a number of years before and i ended up owing £255 because i'd been paying someones dd's, and they had been paying mine over a period of 8-9 months) I'v had to come home and check that the dd's going out of account are mine and that they are all accounted for( everything seems ok). iv been back to the bank and asked why this has happened again. it would seem that the account is in my name but the dd's are in someone else's, they cant explain this, nor can they remove the other persons name, they suggest i close my account and re-open it. i am going to write to the bank manager asking for an explanation

My question is can i use this to show the judge that errors could have occured on my account resulting in my being overdrawn ( i dont think this is the case, and i'v not got the energy to check my dd's for the last 6 years to see if they correspond with my policies) any advice would be welcome

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