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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
      • 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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Ok, here's the deal. I sent off for my list of charges enclosing my £10, however as I knew they have 40 days to get back to me I thought I'd crack on with a claim for the last 6 months (the statements of which I had access to).

I wrote to them requesting a refund of £402 and the next day they wrote back offering £253 and said it must be on the condition that no more action could be taken. So I respectfully declined their offer and sat back and waited - yesterday (14 days after my decline letter) they wrote to me to say:

HeyHeyMyMy,

Your complaint regarding charges has been passed to me and I am sorry we have failed to an agreement with you. Please accept my apologies for any unintended inconvenience or upset.

As mentioned previously, we prefer to resolve matters with you direct and as an exceptional matter, have agreed to meet your claim of £402 in full.

Payment is to be made on the basis of a full and final settlement of your complaint. It is offered as a gesture of goodwill and without admission of liability or error. Also, our terms and conditions will continue to apply and any future charges, in the absence of a bank error, will stand.

If you are prepared to accept our offer please sign and return the copy of this letter blah blah blah credited to your account in 5 working days.

Tommy McLean

-----------------------------------------------------------------------------------------------------------------------

I accept the sum of £402 in full and final settlement of my complaint. Please credit this to my account number xxxxxxxx at xxxxxx

What should I do now? If I accept the money will it prevent me from claiming for the period prior to the last 6 months? I'm still awaiting my full statements.

Thanks in advance.

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It really depend on what you think your going to find on the rest of your statements when they arrive. If you think its going to be thousands then simply write to them saying you'll accept the offer but without conmditions and that you will be pursuing them for the rest of the outstanding amount, when you have a final amount (at this point they will probably withdraw their offer). Search the forum as there are loads of great letters for this situation.

 

HTH

 

Gav

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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mate use the search fetaure and search for a thread called Stuart V Rbs. theres a letter in there which is short and to the the point.

 

HTH

 

Gav

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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How's this?

 

Thank you for your letter dated 03/10/06 (copy enclosed)

 

I will accept the sum offered, but only on the clear understanding that I will be pursuing recovery of any similar charges I have incurred prior to 03/03/2006 once copies of statements detailing these are to hand.

I would like to take this opportunity to thank you for your assistance and I now look forward to my account being credited with the funds.

 

 

Yours sincerely

 

 

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Looks good to me mate.

 

Gav

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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