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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Hello,

 

Does the below letter look okay to send in regards to my second round with the BoS, they have repaided my first claim, although neglected to pay the interest and costs as I have mentioned below...

 

Is this all I need to say or do I send an identical LBA as before and just subtract the amount they have paid so far?

 

 

Dear Sir/Madam,

 

LETTER BEFORE ACTION

ACCOUNT NUMBER: XXXXXXX

 

Thank you for your payment of £738.00 received on the 4 August 2006 in regards to my claim for Repayment of Charges from the dates of February 2003 to February 2005.

 

I ask you to note that you have neglected to pay the £105.64 of interest that has occurred since the date of the first charge also my costs of £39.00 totalling £144.64. I will be prepared to close this claim (Ref No. xxxxxxx) for the charges occurred between February 2003 to February 2005, after receiving full payment of the sum mentioned above within 14 days (£144.64).

 

The outstanding balance of the remaining charges from March 2005 to May 2006 is now £1,942.64 (not including further interest and costs if court action is required) and I am enclosing a copy of the schedule of the charges which I am claiming.

 

I will require repayment of this money in full within 14 days, if you do not fully comply then I shall begin another claim against you for the full amount plus interest, plus my costs without further notice. In this eventuality, I would require you to lodge in court, financial vouching for the actual loss sustained in my case, together with your full financial accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions.

 

Yours faithfully,

BoS - £2536.00 - 1st Letter sent 20/06/06

BoS - Standard reply received 24/06/06

BoS - LBA sent 24/06/06

BoS - Reply received offering £400 6/07/06 (Refused)

BoS - Offer upped to £1,200 via telephone 7/7/06 (Refused)

BoS - Court Action Raised 10/07/06

 

Store Card - £87.56

1st Letter sent - 24/06/06

Reply Received with full repayment of charges! - 04/07/06

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Guest BlueRuby
the £105.64 of interest that has occurred since the date of the first charge also my costs of £39.00 totalling £144.64. I will be prepared to close this claim (Ref No. xxxxxxx) for the charges occurred

 

I don't know enough about legalities in Scotland to advise you properly Roxanne but I would use the word accrued instead of occurred. Hope that helps a bit. :)

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