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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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HSBC - General Form of Judgment or Order (HELP REQUIRED!!)

Gunnerwelburn

By Gunnerwelburn
in HSBC Bank

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jowalshy

jowalshy

Posted
Posted

Also the site helpers are fantastic at helping (they are the pretty pink ones)

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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Gunnerwelburn

Gunnerwelburn

Posted
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Hi Guys,

 

I believe I have already supplied the court bundle to the Judge when I completed my part of the order -

 

I sent him the schedule of my charges again, why I thought my claim was valid speech, and the Dunlop case stuff - is this the court bundle?

 

Panicking now as if not, I have a laptop at home here, and no printer.

 

Gunner

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jowalshy

jowalshy

Posted
Posted

If you already did a stay lifting bundle and submitted it to DG and the Courts, take this with you. Have an up to date schedule of your charges as well. Also include any corespondance between yourself and DG since the bundle.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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freakyleaky

freakyleaky

Posted
Posted

Found it! Bundle for stay hearing

 

Have a read through this and see if there is anything you have not sent that you might need. If so I suggest you beg borrow or steal a printer first thing in the morning and when you get to court pass the documents to the court manager and ask for them to be included with your case file for the judge to see. Also take another copy to hand to DG's rep!

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Gunnerwelburn

Gunnerwelburn

Posted
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Now I am worried - Jesus Mahoney!I live in a simple world, and as far as I see it I have done everything correctly and in a timely fashion, also the judge has ordered that I can enter judgement without further order because of DG's lack of participation in this fun game.Now that I have done so, finally DG wake up and say......... er, um yes well we now want to wait for the test case. In my simple world - tough bananas DG. And also, if the judge had said sorry Gunner but DG have no case to answer - would they be saying, er but no hold on judge lets wait to see what the test case comes up with first, as we may need to give him some money - no I doubt it.Where is the justice in this world if they can treat the legal system like this and get away with it?Just hope I don't get on one tomorrow.........Gunner (with the bit btween his teeth)x

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freakyleaky

freakyleaky

Posted
Posted

Don't worry. You have done everything the court has asked of you and they have your original bundle.

The worst that will happen is that the judge will allow the stay/set aside and you will have to wait until the outcome of the test case.

 

Try and enjoy the expeirience.:)

Best of luck and please let us know how you get on!

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jowalshy

jowalshy

Posted
Posted

Here is a link to the OFT site which might answer any questions you may have about the test case:-

 

The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007 - updated 3 December 2007

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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HSBCrusher

HSBCrusher

Posted
Posted

thanks for the pm gunner, it seems that you have been sorted.

 

Have a good go tomorrow, but dont be upset if you get a stay, it won't down to anything you have done wrong.

Very unfair though isn't it. :-(

 

all the best for tomorrow though, you seem very well prepared, and we are all gunning for you! :-D

 

BTW... which court is it?

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elsinore

elsinore

Posted
Posted

Hi Gunner.

 

In my view DG have boobed. If they had first complied with the judge’s order and simultaneously, or subsequently, submitted a stay application, it would probably been cut and dried.

 

To disregard the judge’s order and then have the cheek to apply for a stay is an abuse of process. They expect the judge to rule in their favour when they haven’t got the common sense to at least comply with the order.

 

This is just another pin to stick in them, in addition to the arguments that you already have.

 

You may still not win, because a judge will frequently take the view that a case heard and judged (whenever it happens) is better then a case won and lost by default.

 

But best of luck for tomorrow.

 

Els :)

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HSBCrusher

HSBCrusher

Posted
Posted
Hi Gunner.

 

In my view DG have boobed. If they had first complied with the judge’s order and simultaneously, or subsequently, submitted a stay application, it would probably been cut and dried.

 

To disregard the judge’s order and then have the cheek to apply for a stay is an abuse of process. They expect the judge to rule in their favour when they haven’t got the common sense to at least comply with the order.

 

This is just another pin to stick in them, in addition to the arguments that you already have.

good point els, as you say worth a more than the passing mention... it does appear rather arrogant of DG.

 

But best of luck for tomorrow.

 

Els :)

and so say all of us :-D

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Castlebest

Castlebest

Posted
Posted

Hiya Gunner, not a lot I can add to the other's comments maybe a few tips when your in the courtroom.

 

Listen to the Judge, he will try to help you by pointing you in the right direction if he can because you are a litigent in person.

 

State the true facts of your case as clearly as you can, answer any questions your judge has.

 

Dont try to argue with your judge, if he has made his mind up walk away.

 

Good luck Gunner

 

pete

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Gunnerwelburn

Gunnerwelburn

Posted
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Thanks everyoneI appreciate all your support. I'll let everyone know how I got on when I get back Bottom line is - I wouldn't of got this far without all your help. Whatever happens I'm further down the line than I would have been without all of you.Thanks again.Gunner.

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Audreygreeneyes

Audreygreeneyes

Posted
Posted

Sorry Freaky I wasnt here last night and I did not know where the stay bundle was ( no surprise there) I deleted mine from the pc after the hearing in October.

 

Good luck gunner, do not hold out much hope, as it is only 12 days to the hearing, and there have been very few good news stories the past few months, even serious hardship ones have been stayed.......

 

but it is a NEW YEAR and oyu are the 1st one up so everything is crossed, DG's conduct in your case is exactly the same as it has been in thousands of others......... be prepared for them to use " pressure of work" as the reason for failing ot respond to you and the courts..... they did that in mine and hte judge bought it...........

 

but with a good wind behind you, you never know, look forward ot hearing how you got on........Auds

rockin all over the world

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Gunnerwelburn

Gunnerwelburn

Posted
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Sorry guys for the delay - Not good news I'm afraid.Got myself quite annoyed yesterday and thought it best not to come straight on here and 'share' my thoughts.Anyway, I've had a sleep now (not too much though) and things seem a little calmer today.The judge had decidede before I got in there what he was going to do - Needless to say I'm livid.I'm seriously thinking of turning to a life of crime if this is an example of our justice system.

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