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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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RBS in bits?


kennyh
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Around 20 years ago my wife & I opened a Royalties Gold account with RBS. The account made available a sizeable overdraft which we made full use of. In early 2012 I spoke with a branch officer who asked me what plans I had to clear the longstanding overdraft. Not unreasonable. I explained that I was now a pensioner and my wife only had a part-time job and that we needed to remain in a position to care for our disabled son who lives at home. The upshot was that WE would pay £100 per month if they froze charges and interest; and this would be the only activity on the account. There followed a year of RBS collections harassing us for debt clearance.

They repeatedly ignored the repayment undertaking which we had fastidiously maintained. I managed to get the FOS to take on our defence (following a visit to CAB) and, at the same time, someone in collections actually exercised their grey matter following numerous complaints voiced by me (my wife isn't 'into' all of this) and finally admitted their error and refunded loads of charges they had allowed their computer to generate.

The FOS is still awaiting information.

Now the RBS have decided that my wife is liable, in isolation, since I had written all of the complaints. I have notified the FOS but am inclined to issue N1 deploying BCOBs, showing contraventions of principles of Fairness & communication (or lack thereof). Because my Mrs already suffers hypertension and is medicated for high blood pressure, I am also inclined to sue for Special, Incidental and/or Punitive damages to compensate for the effort I have to put in and gain some recompense for my wife's anxiety. What say you fellow members? Can one even seek damages at County Court or will I need to go fast-track?

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