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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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Wonga FOS complaint help


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Hi all.

 

These boards have been invaluable over the years so I am hoping you can be again.

 

I had some wonga loans a number of years ago, and recently decided to tackle them having come out the other end of struggling.

 

In a short story I contacted wonga advising irresponsible lending etc. And wonga said they didn't blah blah blah. Contacted FOS and they have been back and forth with me. They have since advised that 4 or 10 loans should be paid back to me (circa £500), but that the other loans were fine. They ruled that due to the loans they have ruled in my favour includes top up loans, it evidenced that I couldn't afford these. However the other loans did not include top up loans and there is no basis that these were not affordable.

 

I have argued this and advised that Wonga had and have no idea what was affordable or not as they never requested any income and expenditure details from me. I have sent statements to them which highlights that over a period of 10 months there was at least one loan per month, which it me indicates a clear problem in affordability.

 

They have reviewed my statements and advised that even if wonga did affordability checks that my statement doesn't indicate any problems in paying them back. I have argued this again by highlighting that a loan was taken every month. They won't budge on this and have advised that is their final decision.

 

They have offered for this to be moved to an ombudsman, is there any point in this? If I accept their offer to remove said loans from my credit file and have the funds paid back, am I legally allowed to take wonga to court for the other loans?

 

The whole situation is so frustrating, I don't care about the money and would much rather they remove all marking and don't pay me a penny back. I know wonga took advantage of me at that time and hooked me into a spiral of loans and interest and charges etc. But I'm just not sure what else I can do.

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Hi, I was just wondering how you got on with this? I am in a similar situation, the ajudicator thinks that Wonga are not obliged to carry out any specific checked when it comes to affordability and that taking only my income into consideration is sufficient. They have disregarded my other debts and bank statement. I am currently waiting for an ombudsman to make a decision on this. Did you choose to go to an ombudsman?

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