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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
      • 160 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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CPR Part 18 - more info?


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I've been asked to provide more information. I've searched it on the forums but couldn't find anyone with CPR 18 in this section. It says I haven't sent a list but I included a list in both my first letter and LBA. They want to know what I think is reasonable and give me the reason why and the principles behind the regulations I am relying on? Is there a standard response to this, so boring how they try to put ppl off and yet the all end up paying!!

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OK the problem is I haven't so far received an AQ only submitted a claim a short time ago. I received a note to say the claim has been accepted and will be defenceded then this huge defence came through demanding copies of charges which were already sent twice so far!

The letter refers to the AQ a few times... do I need to wait until I get the AQ through before sending off ?

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just came through the post seconds in lol the AQ which is being dispersed with. I'll send off the draft

 

The Request

 

1. Please provide the following particulars in support of your claim:

 

2.1 In relation to each charge please identify (a) the date when the charges was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same.

 

I refer the Defendant to the attached spreadsheet/document I have prepared in which I have listed the following:

 

(a) the date when each charge was charged;

 

(b) the amount of the same; and

 

© the reason given by the Defendant for the charging of the same.

 

2.2 In relation to each charge, please clarify the following;

(a) Is it the case of the Claimant the same should not have been charged?

The Claimant is aware that each charge has been debited by the Defendant from the Claimant’s account pursuant to the terms and conditions signed by the Claimant when the account was opened. However, please see my replies below.

 

(b) If yes; please explain why the Claimant contends that the same should not have been charged?

The Claimant does not contend that the same should not have been charged; merely that the charge made should have represented the Defendant’s liquidated losses and not the fixed charges applied by the Defendant according to the terms and conditions in force at the time the charge was made.

© If no; is it the case of the Claimant that the same should have been charged in this amount?

This is exactly the Claimant’s case. Each charge debited by the Defendant from the Claimant’s bank account should not have been charged in the amount that was charged. It is the Claimant’s case that each charge is a disproportionate penalty in that each charge does not truly represent the actual cost to the Defendant. The Claimant reminds the Defendant that it has been put to strict proof in previous correspondence and/or the Particulars of Claim that the amount charged for each charge debited does truly reflect the Defendant’s costs and that they are not making a profit from such charges – in the absence of any documentation to support the Defendant’s contention that each charge debited represents the Defendant’s liquidated losses, the Claimant contends that the Defendant has no defence to the claim that each charge is disproportionate and therefore unenforceable in common law, or by the previously claimed Acts, Statutes and Regulations pleaded.

 

(d) If yes; please explain why the claimant contends that the same should not have been charge in this amount and identify the sum the claimant contends should have been charged.

The Claimant cannot specifically reply to this request in that the amount that should have been charged cannot be specified because the Defendant has failed to reply to the Claimant’s request for a breakdown of costs incurred by the Defendant in applying charges to the Claimant’s account. The Defendant’s contentions that the charges are fair, reasonable and transparent are denied because of this material failure to disclose this information. Had the Claimant been made aware of the breakdown of each and every charge debited, the Claimant would have been able to reply to this particular request.

 

(e) If no; please state the claimant case.

The Claimant has already stated a case in the Particulars of Claim (or as amended) and repeats the same claims as if they were repeated in this reply. The Claimant also refers the Defendant to the answer at 2.2© above.

 

3. In your claim you state that the charges are "unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, the unfair Contract Terms Act 1977 and at Common law" and 2they must be reasonable under s15 of the Supply of Goods and Services Act 1982

4. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of the Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of the Unfair Contract Terms in Consumer Regulations 1999 ("the regulations"); and © the principles of common law replied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please also identify the contractual provision(s) that the claimant alleges are unenforceable by reference to UCTA/ the regulations.

The Claimant specifically pleads that the charges debited to the Claimant’s account by the Defendant are automatically unfair because, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract (which the Claimant pleads is invalid in any event) to the detriment of the Claimant. “Good faith” (as defined by the Unfair Terms in Consumer Contracts Regulations 1999) means that that the Defendant must deal fairly and openly with the Claimant. The Defendant has not dealt fairly and openly with the Claimant. Further, as the contractual term (i.e. each and every charge debited from the Claimant’s account according to the “contract” entered into by the parties pursuant to the Defendant’s terms and conditions, as well as the terms and conditions themselves) was not individually negotiated and was drafted in advance, the Claimant was unable to influence the substance of the term, making it unfair. In the absence of a breakdown of the Defendant's liquidated losses and/or actual costs of each and every charge applied to the Claimant's account, the contractual term in force at the time of the charge forced the Claimant to pay a disproportionately high sum to the Defendant in compensation for the Claimant’s alleged failure to fulfil his obligation.

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  • 3 weeks later...

We've received a letter offering £229.53 which apparently covers charges, well it doesn't lol before claim it totaled £256.01 and since one of two more mistakes (but won't happen again) now £303.20.

 

The court has also written asking for a reason as to why they shouldn't wait until the OFT case concludes... ?? Any Ideas?

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