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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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SweetRevenge v RBOS **WON** CONTRACTUAL INTEREST!!!!!!


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Snoopsmum, I think when they talk about not being able to claim the interest, they mean the 8% statutory interest. You can claim back interest the bank charged you (provided you can reasonably show that you wouldn't have been overdrawn in the month following the first charge, except that the first unlawful charge was applied). And when this is the case for any subsequent months! ie. if their unlawful charges have sent you overdrawn you can claim the interest the bank charged you for this.

 

Then on top of this you can ask the bank to pay you interest on the amount they have taken from you over the years (since you didn't agree to them taking the money, in effect), which is why I applied their 'unauthorised borrowing' rate!!! :lol: If they disagreed and decided to defend (wouldn't get thru the court door, from their track record so far) you could ask the court to decide which of these interest rates should apply. Having said that, they seemed happy to accept that I was entitled to everything I had claimed!!:D

 

By all means use any of the letters on my thread, its not cheeky at all, that's one of the reason I made sure I posted them (to ask for opinions as well of course!!).

 

very best of luck and if I can help any other way just let me know.

 

(Please remember that this doesn't constitute advice, it only reflects my understanding, and you should research your own claim to make sure its on solid ground).

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:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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