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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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What a response


Firey
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Hello,

I sent the first letter with charges to the bank of scotland on the 14th of September, got the response, standard, on the 20th. Sent the Letter before action on the 28th of September. I just received this letter dated the 11th of October in response to the first letter I sent. I stated at the top the name of my business and account number so there should have been no mixup as stated.

 

I refer to my colleague's letter dated 18th September 2006 , regarding your complaint against Bank of Scotland.

I would first of all lilke to apologise that the acknowledgement of your complaint was sent by our Personal Banking Customer Relations Department. Unfortunately, as your letter was not on company headed paper, it was mistakenly treated as a personal account complaint. The relevant Business Leaflet is now enclosed, which explains how Business Banking, handle their complaints.

My understanding of your complaint is that you feel the charges that have been applied to your account, are illegal, and you have asked the Bank to consider refunding you in full. You have supplied details of the amounts that have been debited from your account. You have based your request on the recent media coverage surrounding the decision by the OFT relating to credit card charges, and have mentioned the Consumer Credit Act.

I am unaware why you have mentioned the Consumer Credit Act, as this relates to authorised borrowing, however the decision by the OFT relates to personal credit card customers, and in no way relates to business customers.

As you will know , you entered into an agreement with the Bank, when you applies for your account. The Bank's charging policy is clearly outlined, at the outset, and it is then the customer's responsibility to ensure sufficient cleared funds are in their account, to honour any debits presented. The Bank cannot be held reponsible, if a customer operates their account, outwith the agreed terms and conditions. As there has been no bank error in applying these charges, I must decline your request for a refund. I am very sorry you have had cause to complain. You recently recieved a leaftlet explaining our procedures. Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we#ll provide you with details of how you can contact the Finincial Ombudsman Service for help. If I don't hear from you in the next eight weeks, I will assume you are happy

Sincerely

Yvonne Sneddon

Senior Customer Relations Manager

 

I have sent the LBA letter but have had no reponse to that one. The two weeks are more than up on that what should I do know.

Puzzled.... Firey

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Firey,

 

I got the same responce from the same unhelpful woman.

Sue, I did and they payed up in full.

 

Best wishes.

 

 

Scott.

Any advice I give is honest and in good faith.:)

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