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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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Financial Ombudsman helping with benefits money!


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Got some GOOD NEWS :D

 

I just thought i would share with everyone here about my interesting day!

 

Had an awful day, arguing with Abbey about the rights of appropriation and taking my kids money (child benefit) for punitive charges, thus leaving me with no money to buy my children nappies etc. Anyhow... as per usual with Shabbey i got the usual rubbish reply, 4 weeks to sort out etc. I soon got fed up bashing head against a brick wall talking to them, and letters would do no immediate good.

So i called the financial ombudsman to put in a compaint about rights of appropriation and Abbey not observing mine. I also asked about benefits, and social security act, tax credit act etc and They said, and i quote "the law regarding social security administration act, and tax credit acts still stands (in the UK as well as in Scotland), and are not covered by the OFT test case" therefore you can reclaim your charges from benefits!

They are now writing to Abbey to tell them to refund all of my benefit money taken from bankers charges.

So if any of you have had problems with benefits being taken from your bank account in punitive charges then contact the financial ombudsman!

The law stands, and they will ensure that the bank adheres to it!

 

HAPPY DAYS :D

 

The reason i write this is because there is much confusion about benefits and charges! just passing on some good news from the FOS :D

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I should charge them interest as well.

 

Someone else will probably be able to tell you how much interest you could claim.

 

I once knew a fellow called David Southwell who demanded interest on the money that the government owed him for a benefit that was stopped and then restored. the case went to the House of Lords. He won and it cost the government £20million as they had to pay interest out to millions of people.

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