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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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Letter - is this a threat?


Lynzilou
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Hi everyone,

 

Ok well RBoS had until yesterday to offer me full refund or legal action. Sent all my paperwork to my local Courts this morning and when I returned home there was a letter from Tommy McLean (pp'd by Ross!) offering a full and final settlement of £2685. My claim is for £4451.76 (before interest etc).

 

I am refusing (please tell me i'm doing the right thing here, £2685 could reeeeeeeeally come in handy right now what with Xmas coming up!) but my question is - I'll send my refusal letter tomorrow and maybe email too, can I say on the letter something like:

 

I would be prepared to accept the amount of £2685.00 only on the understanding that this is the first instalment towards my total claim of £4,451.76.

I must advise you that a claim has now been submitted to the Courts since you have failed to refund me the full amount owed. If the amount of £4451.76 is refunded to me I will be more than happy to cancel the claim with Newcastle County Court and accept this offer as full and final settlement.

 

What do you lot think??????

 

Thanks!

Capital One

 

29.11.06 S.A.R - (Subject Access Request) sent

22.12.06 prelim sent - charges total £590.00

19.01.07 received offer of £164, sent refusal of offer - have until 5th Feb to respond or court action

 

RBS - claim £4451.76 ***WON***

 

03.11.06 Received letter from Tommy McLean offering full amount of £4451! Hooray!!!!!

26.10.06 received offer of £2685.00 in full and final settlement, sent refusal informing them I have filed my claim. If they do not refund by 3rd Nov I will proceed through the courts

26.10.06 filed claim with courts

16.10.06 received letter back offering £830, sent refusal, have until 25/10 to respond

11.10.06 sent letter requesting full refund within 14 days or court action

10.10.06 received statements, charges come to £4451.76!

26.09.06 sent S.A.R - (Subject Access Request)

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I think you're selling yourself short if you let them get away with the court fees and the 8% if you've raised your claim already. Sure, the money would come in handy before Christmas, but this was money you weren't counting on in the first place, so why not hold out for 100%?

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Guest willowb

When are you due to file a claim? Do it as soon as is possible, hold on dear....you may just get the whole lot before christmas, wouldn't that be nice!:D

 

It's up to you at the end of the day, but my advice is to stick with it and go for the whole claim;)

 

Wxx

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thanks for your advice!

 

I sent all of my paperwork away to my local courts yesterday so they should receive that this morning. So yes I've filed the claim and emailed Mr McLean and cc'd Ross McDonald informing them I will accept £2685 only as a partial settlement and that i've already sent away my claim to the court.

 

So keep everything crossed for me!!!!!!

 

Lynzilou xxx

Capital One

 

29.11.06 S.A.R - (Subject Access Request) sent

22.12.06 prelim sent - charges total £590.00

19.01.07 received offer of £164, sent refusal of offer - have until 5th Feb to respond or court action

 

RBS - claim £4451.76 ***WON***

 

03.11.06 Received letter from Tommy McLean offering full amount of £4451! Hooray!!!!!

26.10.06 received offer of £2685.00 in full and final settlement, sent refusal informing them I have filed my claim. If they do not refund by 3rd Nov I will proceed through the courts

26.10.06 filed claim with courts

16.10.06 received letter back offering £830, sent refusal, have until 25/10 to respond

11.10.06 sent letter requesting full refund within 14 days or court action

10.10.06 received statements, charges come to £4451.76!

26.09.06 sent S.A.R - (Subject Access Request)

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