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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
      • 160 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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Me vs BoS


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Morning,

Having used much of the info on this site I wrote away claiming charges for £2064 from BoS over the last 3 years. I had no idea it was so much till I pored over my statements!

 

Got a letter back today offering £1108...not to be sniffed at but still just over 50% of what I have paid them in penalty charges. Before I go charging ahead angrily demanding everything back does anyone have anything to advise?

 

I feel that I ought to push for more at this would wipe out my student overdraft (which I wouldn't have if it wasn't for these charges!!)

 

Cheers,

df.

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Accept it as part settlement and advise them you'll be pursuing them through the courts for the remainder (they'll probably withdraw their offer at that point).

 

Keep going df!!!!

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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You can point blank refuse the offer, but I think the general consensus is to accept it as an interim payment and continue claiming for the rest. You don't have to 'charge angrily ahead' though, just politely point out that you thank them for their offer, however you will still be claiming the rest. I presume this offer is just following your prelim letter? I got an offer at this stage as well - this is what I wrote back (with thanks to a mix of templates and other people's letters on CAG!):

 

Dear xxxxx,

 

LETTER BEFORE ACTION

 

ACCOUNT NUMBER: xxxxxxxxx

SORT CODE: xx-xx-xx

Thank you for your letter of xx September 2006. I am happy to accept the offer of £xxxx.xx payment from you as an interim payment on the total amount of my claim, though not as full and final settlement.

I must differ with the views expressed in your letter as to your charges being fair, reasonable and transparent. As I have already stated, I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. The charges laid out in the original contract are unlawful penalty charges and cannot be legally enforced i.e. charges in relation to unauthorised Overdraft, Referral, Chq/DD/SO Unpaid etc are a disproportionate penalty and therefore unenforceable as they are contrary to Common Law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1) (e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Therefore, I would once again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

Since my initial letter further charges have been levied on my account, bringing the total I calculate that you have taken to £xxxx.xx. I am enclosing an amended copy of the schedule of the charges which I am claiming, further to the copy I already sent in my original letter of the xx xxxxx 2006. [This paragraph may or may not apply!]

I would also point out that the 14 day period I defined for resolution of this matter has now ended without satisfactory conclusion. I require repayment in full of this money, to a total of £xxxx.xx. If you do not comply fully within 14 days (on or before xx.xx.06) then I shall begin a court claim against you for the full amount plus interest as well as my costs and without further notice to you. I have included, on the schedule of charges, the standard 8% APR interest amount that will be applied for your reference should this go as far as a court.

 

I trust this clarifies my position.

 

Yours sincerely,

 

 

Its not angry, it just makes a point! Are you only claiming 3 years because you've only had the account that long?

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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