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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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    • 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.
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      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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England V's Bank of Scotland - help needed please


nellie75
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Hi

 

I posted a new thread before but could not see it as a thread after i went back so i am not sure if i posted correctly.

 

Will explain again and apologise if it is on twice!

 

This site is fantastic! and i am looking forward to claiming my money back from Bank of Scotland who have been my enemies for years.

 

My money problems started when my first husband was killed in an accident. He was main wage owner and i lost everything, my house, my car, and even our 2 dogs. I spent years trying to rebuild my life but my finances were not good at times and was being charged constantly and was never given any sympathey when i explained my situation. I was 7 months pregnant when i lost my husband and we had a 5 year old son also. I have continued to bank with them because my credit rating went down the toilet so could not get another bank account. My finances are a little better now, i run my own business and i do still have hard times and my friends at Bank of Scotland always making sure i know it!

 

Some quetions i have

 

1) I typed out the first data protection letter out today, is this ok or do i need to put it in my own writing?

 

2) Regarding the £10 fee, silly question but how do i send it, is it best to send a postal order or a cheque (bos cheque) I read somewhere on here that you can request the statements etc by phone and they take it straight out of my account, is this this true or would it be better to send the data protection letter?

 

4) During my time with the bank (14 years) i had account in my sole name, then a joint account with my first husband and then a sole name acount again after the accident. They also changed my account to a basic one because of my problems, as far as i recall i kept the same account number. I also changed my name by deed poll few years ago and my bank account name was changed. Considering all the changes is it resonable to expect statements for whole 14 years including a previous joint account?.

 

5)I lived in Scotland when i opened the account and my branch is still the one in the village i used to live. I have lived in England for 6 years. Could there be any problems with this as far as courts are concerned i.e which court will i need to go to England or Wales? or both?

 

6) I was reading i the notes regarding the first dat protection letter. It says to make sure i send all details the bank need to identify me otherwise they are not obliged to reply, what details would i need to give them?

 

7) I also have a business account with them that i have had lots of charges on too, can i claim for them or is it a different system?

 

Sorry for long winded email, i do have a good idea of how the procedure goes - i think!! Oh and i am blonde!!

 

Many Thanks

 

 

Nellie xx

If you think I have helped hop on the scales. If I was useless best to keep quiet me thinks:D

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