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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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Battle of BOS(worth) geddit!!


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Quick advice please.

 

Have had all the statements back from BOS, without delay it has to be said, even thought they missed out a month, they sent those as soon as I rang and complained.

 

I have an account in joint names with my wife (We call this the current account) and my wife has one in her own name which all the bills come out of, (We call this the bills account). On the current account there are charges of £4010 without interest, and on the Bills these total £2633. Am I within my rights to claim in my own name only on the Current account and my wife to claim on the Bills account in order to aviod going over the £5000 limit or is there a risk that the bank will apply to have both claims joined as Deb (wife) is holder of both accounts albeit jointly on the current.

 

Secondly, I'm being a bit thick, having searched the forum, I can't find either a potted version of the stated case or the judgement that started all this rolling, whilst in principle I understand what has been said, with a background in criminal law, in order to take this further I would like to read the ruling or at least a summary of it and the background to it inorder to prepare for the battle ahead, I also think that it sounds alot more professional if you can quote stated cases and judges rulings verbatum!!

 

Any advice please

Funky.;)

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  • 5 months later...

On 18/12/06 BOS paid out in full to the tune of £6253.79 inc court costs. Paid in to the account that the charges were taken from, got a letter from them a couple of days later explaining the usual, that its not in thier financial interest to defend the claim blah blah blah!

 

I followed the well trodden path with the DPA letters and requests and was offered partial payment which they later increased during a call from them. I explained to the nice lady on the phone that there was only one outcome that was acceptable and declined the offer and started proceedings against them. They went as far as notifyng MCOL that they intended to defend the claim and then just coughed up without telling me!!

 

For those of you looking for moral support to tackle the banks, the advice on the CAG web site is spot on, and the "doing" is alot easier than you think if you follow the advice exactly and stand firm. For what it's worth I was nervous about doing it and when I got the letter from them stating that they intended to defend, I got REALLY nervous but they really will call your bluff to the last minute!! Remember we are in the right and they are wrong and have been caught out. The silly thing is if they had given me what I wanted in the first place then they wouldn't have had to pay the interest and the costs.

 

Now I'm starting proceedings against them for my wifes account, I'll do the leg work whilst she will be the defendant. They're gonna love me!! This claim is for over £4000, making a total of over £10,000 claimed back. Then It will be the credit cards turn. The irony is that these claims are from a time when we were frankly stupid with money that was pre children, (I know that many folk are in in a difficult situation due to circumstances rather that poor money management as in our case) and we had thought that the money was gone forever, to get it back feels fantastic!!

 

My advice - Go get what is rightfully yours and learn from it!!

 

FUNKY

(any questions, please let me know)

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Hi Funky.

 

Congratulations..... a tremendous result.

It appears that you've got it all sorted and are thoroughly enjoying yourself. It's a good feeling to be able to take control of the situation, isn't it.

 

I wish you good luck with your next claim, but remember that each claim is different so be prepared.

Have you completed the survey, regarding your first success?

 

Merry Christmas and (already) a prosperous New Year.:D

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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