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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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mo v bank of scotland


mo
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finally got courage to write to bos.after reading lots of stories from your excellent site,my story,try not to bore you,had this credit card all goin fine then had to go into hospital,with breast cancer and have mastectomy,everything ok now just on part time hours at work as consequence,kept bein late 25 pound charge this made me over my limit 25 pound charge,in total 1100.00 in charges,i must admit i thought it was all my fault untill i found your site,ive tried to pay them but you cant if they keep addin 50 a month.anyway worte to them,sod off letter back,sent lba,offererred me 100.00 and told me if i didnt behave theyd ask for the full balance,the thing is i didnt send Data Protection Act they told me on phone how many charges i had incurred,so my stupid question is do i need a scedule of charges before i proceed,please be gentle with me lol.im 52 and only just got the hang of the computer,i am a computer muppet,any advice would be wonderfull

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You'll still need to send out the DPA SAR.As well as asking for statements you are also asking about records of manual intervention (there won't be any!)to be supplied. You should be able to submit claim at court once you have received the information and can send a schedule of charges with your claim if you have already given the bank a reasonable amount of time(28 day) to refund. Good luck!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Just remember this is not based on a lupehole or anything silly. The law is on your side. Its just a matter of how easy/difficult the bank will make it for you! Are you claiming in Scotland or England?

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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claiming in england,i understand what you say about the charges being illegal,its just when your not used to things like courts its very daunting,took me a long time to get this far,thanks to all your posts

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...illegal...

 

There not illegal, there unlawful. Its very, very unlikely that you'll have to go to court and even if you do there is help available, theres a "buddy" system you can register on to get someone near to you to go to court and help you prepare but I don't see that happening!!Its always been in the back of my mind that it mat happen but there are a few thread where the banks have paid £8K+ without going to court.

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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sorry for that i meant unlawfull,i will probably need the help you mention,will send sar off in the morning,and get back to you when i have all the information,i cant thank you enough

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Mo dont forget to send the £10 fee with your SAR the 40 day deadline only staret when you pay it

 

Good Luck

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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If you include the £10 the 40 days starts from when they receive the SAR!If sent recorded it is deemed to be delivered 2 days after posting! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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