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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
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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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I have a hearing date about the n244 i filled in


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I ticked the box 'without a hearing' but I don't mind, i'm happy that i'm getting a chance to heard.

 

How do I argue my case besides what I wrote on the form in the first place?

 

What info do I need to take with me & is this the same as the hearing that was stayed? Could they make a decision on the whole case or is just to see if my case can continue?

 

One worrying thing is that the letter says it could be heard by another judge in a different court. I really couldn't afford to travel too far away from home.

 

Thanks in advance.

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Hi SC,

 

How do I argue my case besides what I wrote on the form in the first place?

 

 

Did you use the template from here?

 

What info do I need to take with me & is this the same as the hearing that was stayed? Could they make a decision on the whole case or is just to see if my case can continue?

 

 

You could print out the settled litigation details for your bank. If you are arguing hardship any evidence related to that eg bank statments or take along a budget sheet showing your income and outgoings (There is a budget sheet in the templates in the debt forum). They won't be deciding the whole case just the stay.

 

One worrying thing is that the letter says it could be heard by another judge in a different court. I really couldn't afford to travel too far away from home.

 

 

This is quite a standard thing that is written on most court orders. I'[ve yet to see one that has been transferred.

 

Best of luck

 

Zoot

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Michael

 

Can I just ask then - if in principle you are not claiming hardship - are you saying that it is not worth filing N244?

 

I have been asked to go and see the judge on Tuesday regarding my claim. And I am losing a days wages to do so. I sincerely hope I am not wasting my time.

 

Yes I have followed the templates here.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Can I just ask then - if in principle you are not claiming hardship - are you saying that it is not worth filing N244?

 

Not at all. If you can demonstrate financial hardship, then obviously that's an additional advantage (although if you can, you might not see it as such!!)

 

Without it the chances are admittedly much smaller, but I still believe it is worth applying to have the stay refused and it has been successful on several occasions

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Thanks for that

 

I have a few more arguments up my sleeve - but i am not posting them on my thread(in this section) for fear of moles:p

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thanks Zoot. I got the idea from here & followed the guidelines for filling in the form, I used the hardship paragraph, then deviated a little to show how my case is different to the test case. Didn't put all the case stuff in because i didn't understand it. So I could take all that with me, as evidence, right?

 

I've read on someone else's thread that they argued about not receiving the banks bundle or something, well I didn't either, so thought I could mention that at the hearing?

 

Didn't think about using the details from the litigation section, thanks!

 

Michael, thanks for that link, that's going to be useful for lots of other reasons too!!

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Thanks Zoot. I got the idea from here & followed the guidelines for filling in the form, I used the hardship paragraph, then deviated a little to show how my case is different to the test case. Didn't put all the case stuff in because i didn't understand it. So I could take all that with me, as evidence, right?

 

 

Yes

 

I've read on someone else's thread that they argued about not receiving the banks bundle or something, well I didn't either, so thought I could mention that at the hearing?

 

 

 

Yes they should comply with all directions from the court until a stay has been ordered by the court.

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Please see my posts regarding my stay and the application for it to be lifted - success even though HSBC sent a London Barrister!! I hope the information I have written might help. Remember the Master of the Rolls has issued specific guidelines - NOT 'do what you like' to the judges!!

Regards and best wishes to everyone - My post will tell you all about the Trial bundle the bank didn't send!!

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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If you go to the FSA statement on the internet you will see there is a specific statement about hardship cases being filtered through (also on my thread in A&L successes)

 

Maybe you could use this as well?

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Received notice today that I have a hearing in Oct re the stay removal request that I submiited - is this normal? I can't find anything on here re stay removal hearings.

 

Claim against Barclaycard

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Received notice today that I have a hearing in Oct re the stay removal request that I submiited - is this normal? I can't find anything on here re stay removal hearings.

 

Claim against Barclaycard

 

 

read my thread in A&L successes

 

then start your own thread here

 

I am sure you will get some help - I had exactly the same as you and have just had a settlement before the hearing

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

Hi

 

No they did not - and I did not try and negotiate before as I felt it would weaken my position- they only called 1 working day before when I complained about the solicitors attitude. But that is the A&L all over leave everything to the day before or the date of the hearing.

 

Which bank are you against and are you able to claimas a hardship case?

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

I'd take proof from posts on this site of the A&L leaving things to the day of the hearing and cite abuse of process for them - leaving things to the day of the hearing is frowned upon and should give the judge another reason not to let them have a stay.

 

Also if they try to settle outside court on the day say NO very firmly, I will see what happens inside - for good or bad.

 

Abbey tried this with me and said I wasn't co-operating, I said they had plenty of time to sort things out and shouldn't have come up with an offer giving me a five minute period to decide. Their offer was wrapped up in legal language and the Judge didn't like that either, he said there were too many terms and conditions for a final offer. This was a few years ago and not on a bank related problem.

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