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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Halifax renege on agreement


martdj
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The Halifax ( Mr Nicholas Gibb 01977 627499) agreed we were in financial hardship due to an imminenet repossesion and agreed a goodwill refund of £5500. I then borrowed this amount from my parents so as to pay the mortage company without delay ( as i suspected HBOS would delay the payment for a few days). When Mr Gibbs heard about this he went back on the agreement. So we now owe my parents money which they urgently need back, and are in more debt. Any advice, and journalists want to take up this case.

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Hi Martdj,

What was the refund of? Unlawful Bank Charges?

I would suggest initially a very strongly worded formal letter of complaint, including requesting a copy or transcript of your conversation with Mr Gibb, and informing them that the money you received from your parents had no bearing on this agreement, being an extremely short term loan which has subsequently put THEM in financial difficulties due to the Halifax renaging on their agreement. Stress that it was only made in view of the urgency of the situation to prevent repossession and only on the basis that it would be immediately paid back once you had received your promised refund. You could also pointedly ask them for the name/contact details for their Chief Executive, stating that you fully intend to take this matter further, including to your MP and the press if you do not receive the refund as promised.

 

Good luck with it,

Elsa x

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