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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 
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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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DPA Letter sent


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  • 5 weeks later...

Recieved all statements from my old bill payment acct this morning. (still waiting for the DPA from my curr acct). £280 in charges.

Preliminary letter in post tomorrow.

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Good luck

 

Keep us posted

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...
  • 3 weeks later...

Recieved letter today offering £292 in full and final settlement (very genorous as my claim was for £280). but I am rejecting this as it is full and final settlement for all accounts and I am only just totalling up the figures for my old current account which are so far in excess of £500. Does anyone reckon this is unreasonable.

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How much did your letter state you were claiming?

 

If you are claiming more, have you amended your claim to show this?

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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This just needs clarifying...

 

Are you saying that yo've only started the claim for one account, and they've offered you the full amount, or did their offer state that it was for BOTH of your accounts (i.e. including the one you haven't started claiming for) ???

 

:-|

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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The letter stated that the offer was for full and final settlement of any/all claims on any BOS accounts that I have. However as I have not informed them that I will be claiming on my old closed acct then I assume that the offer is only for the charges applied to the account that I have claimed for. I have written back rejecting the offer due to the conditions attached to it but informed them that I would accept the offer to settle this claim without the conditions.

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Sorted!

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

Gave BOS 7 days to respond when I sent the letter rejecting their offer. They recieved it on the 1st of June and I have heard nothing from them since. Money has not been placed in my account.

 

Do I start court proceedings now or give them another day or 2.

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When did you post it?

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Well it now seems as though you've passed the point - however, just to be sure, before starting the money claim you might wish to double check that they haven't simply confused themselves...

 

DO you feel comfortable phoning them? If so, I would be tempted to get final clarification that they are definately offering F+F for both accounts - it could just have been a typo.

 

If they say it is, start the claim. If they offer to settle on the one account with all the money, then get it in writing.

 

Don't let them put you off timewise though, tell them you are looking for an answer NOW otherwise court action will start online immediately after putting the phone down.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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