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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Please be aware that having complained to RBoS about charges and asking nicely to have them returned or even partially returned I was told in very short order that it was in the terms and conditions, I therefore wrote to them using my telephone call as a reference and also sent the S.A.R. (21st Dec).

 

On 29th of Dec I received a letter from the Consumer Relations Unit signed by "Jonathan Beckett" saying sorry unable to resolve complaint I have ordered duplicate statements covering the period which you will receive shortly, these will be provided free of charge.

 

On the 3rd of January they bounced another two DD's saying that the cheque I had paid in would not be available as cleared funds until the end of that working day, however I had already made a withdrawl of some of the cheques funds from a cashpoint machine earlier that day. I complained again and have today received exacltly the same letter from the same person.

 

Whilst the S.A.R. expiry date is 31st January I realise there is little I can do before then. but it may be of interest to you and an earlier thread that in the Data Protection Act 1998 Chapter 16

16. - (1) In this Part "the registrable particulars", in relation to a data controller, means-

    (a) his name and address,

    (b) if he has nominated a representative for the purposes of this Act, the name and address of the representative,

      Therefore under this part of the act we should also be able to apply to RBoS for this information to go with any complaints that they are not providing the information correctly and then Judge Forrester would have been able to order the inprisonment of the data controller which might just focus the attention of the banks.

       

      I hope this may help someone.

       

      My only regret at this stage is that I work abroad on a 28 day rotation and will not be in the UK from next Sunday so I will not know if they have delivered the information I have requested or complied with the S.A.R. until I get back.

       

      Non - Illigitium - Carborundium.

       

      Or loosely translated "dont let the Barstewards grind you donw"

      Follow the process and we will win

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