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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.

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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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Nemanja v Hsbc


nemke

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ok here is the deal...i received a "Notice of Issue (specified amount" letter from the court, confirming they took my £120 and the details of the claimant and defendant...it sayst when the claim was issue and what the defendant might do: 1 Pay your total Claim, 2 File an acknowledgment of service, 3 dispute the whole claim, 4 admit that all money is owed...it also has a section where i fill out what the defendants reply is, 1 agreed to pay, 2 the defendant has not filed an admission or defence to my claim or an application to contest the court's juridsticion...I got a letter from hsbc saying they are not paying anything untill the outcome of the OFT court case so does that mean i should return the court letter indicating that HSBC has not filled an admission or defence...bla bla bla or do something else.....the oft court case could take up to 3 years...does that mean this whole thing, all these people, this site have instantly become redundant???? thanks!

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Hiya Nemke, right what you have is perfectly normal, it will have a deemed served date on the front, this is the date all the time scales run from.

 

DG Solicitors have 14 days from this date to acknowledge your claim (when they do you will get another notice from the court)

 

DG Solicitors have 28 days from this date to submit a defence (again when they do you will get another notice from the court)

 

If they miss either of thses dates you can ask for Judgement.

 

Letters from DG solicitors/HSBC regarding Stays are meaningless and if you do get one from the court you can always request the stay is lifted

 

pete

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sorry what's a Stay? so far all i had from hsbc was a confirmation that they received my claim and will not do anything about it until the oucome of the oft court case? thanks!!!!

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  • 2 weeks later...

Hi,

I got a letter from the dg solicitors informing me they will defend all of the claim!?!?!? Is this just routine in hope I will back off or have HSBC or any bank been to court yet...my understanding was that it has never gone to court in any of the cases but here I am with this letter.....worried sick that they are not bluffing...

 

Thanks!

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