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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
      • 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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anyone else confused?


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first of all, i looked at the oft update thread at it had 1000 posts so there is no way i am reading through all that!!!

 

so i thought i'd ask directly.

 

Basically i wrote preliminary letters a couple of months ago asking for my bank charges to be refunded and got the same old letter in return (something about the test case going through court so they will address the complaint later).

 

Now i've noticed that the test case has been decided for the oft, does that mean i can submit my claim to court (i didnt want to put £30 into the system and wait months for a ruling) or will it still be some time before i can get my cash back?

 

Also i noticed the banks are going to appeal the decision? Why cant they just admit they are wrong...

Edited by rob7b
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you need to put your claim in the court now

 

and wait so you will be in line wen they are made 2 pay out

 

they have appeled but its still early days

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This is from the OFT site:

 

To facilitate the test case, in July 2007, the FSA granted a number of banks a waiver.5 This means that banks (and building societies) that were granted the waiver do not have to deal with complaints about UOD charges whilst the waiver is in force.

 

So who are those nunber of banks and why are the others claiming exemption as well.

 

Is your bank one of the exempt rob? I can't find a list of those named banks given an exemption.

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thanks guys for the info

 

 

Is your bank one of the exempt rob? I can't find a list of those named banks given an exemption.

 

no idea...but my issue is with natwest and halifax?

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Rob i would still go ahead and put your claims in the court, that way they are in the queue. It takes ages for them to procees them, as there are so many claims being put in, there is a 3 week back log at the Maidstone County Court, at the moment. Good luck.

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  • 2 weeks later...

Yeah, I'm really confused about this!

 

My claim to Abbey went in sometime last year, although it didn't get to the Court stage as all claims were put on hold because of the test case.

 

Now I don't know what to do. A complaint was submitted to the Financial Ombudsman and there it remains!

 

What has really annoyed me is that I am now getting debt collection letters chasing me for the overdraft that I had!!

 

I don't use the account anymore. I was thinking of writing them a letter and saying that I would settle for so much if they wrote off the overdraft!

 

What do others think?

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