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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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Stay removal costs, recoverable?


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Hi All,

 

Does anyone know if the £35 cost can be added to the court fees when making a claim? I will be starting my second court claim against Natwest on Wednesday, I have fees back up to February this year so the wait for a test case wont affect what I can claim for but I am hoping to have the stay removed due to financial hardship. I would assume I will ba able to add the £35 to my claim if I need to apply for the removal of a stay but have not found the subject mentioned on the forum.

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Hi rhig

 

I've been trying to find out about this over in the A&L section but haven't found anyone who can answer so far. Also, I had my N244 returned by the court yesterday saying the fee is £65 not £35 so it's even more important to know if I'm throwing my money away for good on this.

 

Anyone over here know the score? :)

 

MB

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As far as I'm aware, the costs for submitting an N244 are non-returnable - but please check with the appropriate court. If you need to pay £65 as opposed to £35, this is generally due to a 'hearing' being held to discuss the amendment.

 

HTH - best of luck to both of you :)

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I am new to posting but have been following progress / advice all year....

 

When I submitted my N1 POC I also submitted an EX160 to claim for exemption or deferment of court charges.

 

Then when submitting AQ was asked by the court (Sheffield) to fill in a separate EX160 to go with it (as they don't 'carry over' the exemption/deferment for subsequent sumissions).

 

I'm now about to hand in my request to set aside the stay (imposed by court on their own initiative) on form N244 and have completed yet another EX160 in case it is needed.

(You can get the EX160 off the court-service website, or direct from the court)

Hope this helps someone.....

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