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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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Darearedhead vs RBOS


kspeariett
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Hi there. I have this morning received a letter back replying to my initial claim for repayment saying that they regard their charges as fair and disagree with the OFT's findings. Also that they will not be refunding any of the charges applied to my account. Am unsure of what the next step should be.

Another thing I am unsure of is this: In the list of bank charges I sent I included all the interest they have levied against my account on the over draft, equaling 693.82 over the six years (the charges are 2,275.00 alone). After reading all the threads, I am not sure if I should have done this. Please could someone advise?

Thank you!

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Hiya, happy to help. After the initial letter you now need to send in the LBA (Letter Before Action) you need to send this in by recorded delivery incase they fob you off. You can send the letter in now as they have responded to you.

 

To explain about interest. You CAN claim 8% interest on all charges when you reach court stage but ONLY when you reach court stage and you can't really mention anything about this 8% before the court so you need to get rid of the 8% on the spreadsheets. With overdraft interest you can claim this but only if the overdraft interest is occuring because you were taken overdrawn by unfair charges. They paid mine up.

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George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 1 month later...

11/11/06 - Update.

I received a letter back from RBOS offering me half the amount as a "Gesture of Goodwill" Yeah right! Guess I am on the right track then!!

Am off to search for the next step now!

Thank you for all your help so far.

Kat xx

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