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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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Comments on this Mint agreement - enforceable??


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  • 3 weeks later...
  • 3 weeks later...
Cerberusalert - I didn't see your earlier comment. What is your opinion on this???? Many thanks. :-)

It was pointing out things that he couldn't see, although I think he found them all as the 1st image didn't show the first time to him. I guess there is nothing too obvious popping out on this agreement I'm afraid!

 

Have they followed other procedures like default notice etc correctly?

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  • 2 weeks later...
Still untested is UTCCR5 - Is it safe to assume(hate the word) that this was NOT an individually negotiated contract AND it was pre-printed?

 

I imagine you'd have to demonstrate a very significant imbalance, I doubt that word was put in there sparingly, so I guess the Courts would be cautious to rule of such an imbalance in most instances

 

(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

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Since any contract is phrased in a manner where the drafter will attempt to call all the shots, will it be overly difficult to show a sig. imbalance?

 

Well, it depends on the T&C's of each account, but thinking of credit cards the borrower/debtor has rights such as: the right to cancel, the right to pay the whole balance off at any time, the right to know what the balance is and how to pay, the right to know how much they are being charged.

 

While there is perhaps an imbalance, as when the customer stops paying charges can be high and there is no written statement I doubt in any CC agreement for a "payment holiday" to help customers who are unexpectantly unemployed this imbalance isn't necessarily a "significant" one.

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Then don't we come back to the new philosophy of personalising each case. What might be insignificant to one customer might be very significant to another. There isn't a checklist is there?

Oh yea, I agree, I'm just saying it'd be an uphill trek, but if someone thinks it is worth it then they'd know the imbalance and so worthy of a shot! 8-)

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