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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.

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      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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Courts & Stays


Noddy73
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Dear All,

 

I know alot of people want to know what is going on at each court so I thought I would start a new thread and update this post every couple of days. Please post info on your court to this thread and I will update the first posting with the info.

 

Aylesbury County Court

Received stay for case on 28th august

(Last updated 10-Aug-07)

 

Birkenhead County Court

Said they are still dealing with ones in the system. Told me to carry on as normal with claim.

(Last updated 22-Aug-07)

 

Birmingham County Court

Case stayed until September 2008.

(Last updated 20-Aug-07)

 

Bishop Auckland County Court

Hearing was 28-Aug-07. Stay issued.

(Last updated 17-Aug-07)

 

Blackpool County Court

Hearing 17-Aug-07

Still proceeding.

(Last updated 06-Aug-07)

 

Bow County Court

Have stayed my case.

(Last updated 22-Aug-07)

 

Brighton County Court

Received order of stay. Can written in with legal objections.

(Last updated 23-Aug-07)

 

Bromley County Court

Hearing Date 24-Aug-07

Cases still being heard.

they have confirmed that not only is my case still going ahead on the 24th but it is unlikely to be stayed at this late point.

(Last updated 07-Aug-07)

 

Brighton County Court

Case stayed but objections allowed.

(Last updated 23-Aug-07)

 

Cardiff County Court

All bank cases (over 600 cases) have been stayed, but can appeal.

(Last updated 03-Aug-07)

 

Chatham County Court

case will be heared 10 days from now, called to check details and was told by clerk that the PFT case was not stopping mine going ahead

(Last updated 12-Aug-07)

 

Chelmsford County Court

waiting for AQ all claims stayed until outcome of test case

(Last updated 07-Aug-07)

 

Chesterfield County Court

at the moment everything is going ahead as planned, however the Senior Judge returns from Holiday next week & will make a decision sometime next week, but I'm being told not to hold my breath & expect a stay to be issued, will keep you & others informed,

(Last updated 08-Aug-07)

 

Chichester County Court

Hearing Date 8-Aug-07

All cases stayed until March 2008.

(Last updated 07-Aug-07)

 

Croydon County Court

Date given for prelim hearing in October.

(Last updated 23-Aug-07)

 

Derby County Court

Hearing 21-Sep-07

at the moment they are now carrying on for those cases with a hearing date.

Hearing Oct-07

received a letter yesterday issuing a blanket stay on all cases pending outcome of the court case

(Last updated 12-Aug-07)

 

Eastbourne County Court

Stay lifted after he argued that his bank had procrastinated for months. Case scheduled for September.

(Last updated 22-Aug-07)

 

Gloucester County Court

Prelim Hearing 28-Aug-07

Court has no news regarding stay requests, so proceed as directed.

(Last updated 03-Aug-07)

 

Hitchin County Court

Stayed. Neither party has permission to apply for removal of the stay until the case in the High Court has been heard and determined.

(Last updated 10-Aug-07)

 

Huntingdon County Court

All claims are being automatically stayed until OFT case is concluded.

(Last updated 21-Aug-07)

 

Ilford County Court

Hearing 06-Sep-07

All going ahead as far as they're aware.

(Last updated 06-Aug-07)

 

Liverpool County Court

Even after speaking to liverpool court who told us all to appear , we did and they stayed all cases pending oft case.

(Last updated 17-Aug-07)

 

Mansfield County Court

Stay applied but given the option to apply for it to be revoked.

(Last updated 23-Aug-07)

 

Middlesbrough / Teesside County Court

no stays have been order there cases still going ahead

(Last updated 06-Aug-07)

 

Newark (Notts) County Court

* Hearing 01-Oct-07. This is because A&L are 0BJECTING to the stay the court was thinking of putting on them.

* Stayed, but not on above case at present.

(Last updated 15-Aug-07)

 

North Shields County Court

cases being heard, Local Judge not agreeing to Barclays blanket request to stay all cases till after the OFT ruling.

(Last updated 14-Aug-07)

 

Oxford County Court

are staying all cases. but u can get your costs back.and days,losts off earnings.

(Last updated 11-Aug-07)

 

Preston County Court

Case allocated to the small claims track and will be heard on 25 Sept 07.

(Last updated 22-Aug-07)

 

Rotherham County Court

today stayed all cases.

(Last updated 10-Aug-07)

 

S****horpe County Court

received AQ which is to be filed by 20 August. No word on stays as yet.

(Last updated 09-Aug-07)

 

Sheffield County Court

Had court date set for 3rd Sept but today received notice that case is stayed until further order with a view to awaiting the decision in the test case.

(Last updated 08-Aug-07)

 

Southend County Court

Hearing 12-Sep-07. Stayed.

(Last updated 14-Aug-07)

 

Stafford County Court

have rec,d no info regarding stays, told to proceed as instructed by them. Bundles to go in by Thursday this week!

(Last updated 07-Aug-07)

 

Swindon County Court

Hearing 13-Aug was stayed on 10-Aug.

(Last updated 13-Aug-07)

 

Tunbridge Wells County Court

Stayed.

(Last updated 14-Aug-07)

 

Wandsworth County Court

Hearing on August 28th. So far all is still going on.

(Last updated 06-Aug-07)

 

Winchester County Court

Hearing on the 3rd September ..... they seem to be going ahead.

(Last updated 05-Aug-07)

 

Yeovil County Court

Stayed.

(Last updated 12-Aug-07)

 

York County Court

All cases stayed but appeals for stay to be lifted will be considered

(Last updated 17-Aug-07)

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Nice work Noddy. Will keep you informed of Cardiff situation. On a general level, I think it is important that claimants are aware that the courts have NOT been instructed to put a stay on ALL claims, but to deal with them on a case by case basis - this from Martin Lewis site:

 

Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.

Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

 

All the more reason for everyone to put in an objection IMHO

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Post by Itchyfrog today:-

 

Re: frog vs HSBC - help needed

Just to update everyone:

 

As of today, Monday the 6th of August, all cases at Croydon County Court are going ahead. I was informed that the bank would have to apply for a stay if they wanted one to be considered, and that for now judges were not issuing them automatically.

 

This could obviously change, but for now the news looks good.

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Will have a read of the thread after work (only so long I can spend on here during work time)

If I do apply for the stay to be removed might it be worth putting in the fact that Brighton court received my claim on 07 July, as confirmed on the telephone by 2 different people at the court, and at that time the test case hadn't been announced?

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derby.... spoke today awaiting the results of a meeting .at the moment they are now carrying on for those cases with a hearing date . just filling my request a judgement form as dg never responed to returning papers back . ha ha ha ha !!!

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Post by Itchyfrog today:-

 

Re: frog vs HSBC - help needed

Just to update everyone:

 

As of today, Monday the 6th of August, all cases at Croydon County Court are going ahead. I was informed that the bank would have to apply for a stay if they wanted one to be considered, and that for now judges were not issuing them automatically.

 

This could obviously change, but for now the news looks good.

 

Hi - thanks for that Freaky. Literally just got back from Ireland, and was gonna call the court tomorrow....considering you're in Wales, your reach is long! :D

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