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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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glorious19 v Mint


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After reading this thread for a while I thought Id better post.

 

Started my claim against Mint for £518

 

Sent prelim on 28/2/07, received letter back on 23/3/07 asking for a further 10 days.

27/03/07 received letter offering part payment of £214.12

13/04/07 I sent a letter back rejecting the part payment and again asking for my money back

18/4/07 another letter received offing me £214.12 as full and final settlement. They have said if I still remain dissatisfied I should contact Financial ombusman.

 

Now as this is my first claim I am very nervous about going further. Do I contact the Financial Ombusman or do I carry on without doing that? Do I now send another rejection letter that is also a Letter Before Action, can't find a template for that. Or do I settle.

I have read through hundreds of these threads and it still isn't easing my nerves. Can anyone point me in the right direction.

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Hi,

 

You need to send them a letter back combining the rejection & LBA letters (there isn't a template, I just merged the 2 letters as appropriate). Give them a further 14 days & then issue a court claim.

 

Take a look at my thread it might help you.

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/67514-villafans-hubby-mint.html

 

In hindsight I entered into too much correspondence with them! It's important to stick to the timescales given on this site. They did if fact offer the full amount back to me BUT I received their letter after I'd issued the MCOL so there was issue of court fee & interest. They acknowledged the claim with intention to defend but paid up in full + interest + court fee before the 28 days expired for them to file a defence.

 

Hope this helps & keep asking if you are unsure. Good luck!

 

Villafan

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Thanks Villafan,

I had read your post, not that many on here for Mint. I feel like I am tooing and frowing with letters too. I will do as you say and merge the letters. Im feeling a bit better about the court too, not enough knowledge and a scary process for the first time but Ive got nothing to loose, only the court fees if they do defend and win.

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You won't lose! Your claim is £1 less than mine, & their settlement letter said that although they didn't agree with my argument it wasn't cost effective for them to defend the claim through the court!!!

 

If it makes you feel any better I was petrified and almost lost my nerve mainly for the same reason you've said....there aren't many Mint threads on here & I was convinced I'd be the one they made an example of.

 

There was another case settled at the weekend as well as mine so battle on! Please ask if you need any help along the way & I'll try my best. T4FF is very supportive too!;)

 

Villafan

 

P.S. I've just had my court date for Abbey & that's even scarier!!!!:eek:

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  • 3 weeks later...

Well I sent my LBA and the 2 weeks is up on Monday 14th May but today I received a very brief letter saying the letter they sent me on the 18th of April was the banks full and final response. So it looks like I am going to have to start the court claim on Monday. As its my first one Im very scared but I am really angry now about the way they treat us customers. I have paid off the account a few months ago so Ive got nothing to loose.

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It is scary but don't worry....the sooner you start your claim the sooner you'll get your money back! Once you've got 1 claim under your belt it's not nearly so scary with the next one!

 

Stay positive & if you need any help (to ease the nerves) or reassurance

please just ask....I'm following your thread! Good luck.

 

Villafan

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