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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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Cash Genie automatic rollovers


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The way i won, in the end was by making a formal complaint and having it all ready to send to their trade association.

I would suggest. prior to a LBA that you do that and follow it up with a complaint to the fos.

In your complaint make it very clear what you expect them to do and the consequences if they do not.

For example

You are in breach of contract as on x y z dates you rolled over without my permission and did not attempt to take the contractual amount. If you do not refund x by xxxxxx i will have no option but to escalate this to your trade association and the fos.

Any opinion I give is from personal experience .

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The way i won, in the end was by making a formal complaint and having it all ready to send to their trade association.

I would suggest. prior to a LBA that you do that and follow it up with a complaint to the fos.

In your complaint make it very clear what you expect them to do and the consequences if they do not.

For example

You are in breach of contract as on x y z dates you rolled over without my permission and did not attempt to take the contractual amount. If you do not refund x by xxxxxx i will have no option but to escalate this to your trade association and the fos.

 

Thank you very much Fletch.

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  • 2 weeks later...

Victory!

 

I sent a formal complaint, and pointed out that they were in breach of contract; breach of their customer charter and therefore in breach of CPUTR 2008 (supplying misleading information). I asked for £120 back, and reminded them they would be charged more than that if I opened a complaint with the FOS, and that my other rights extend to filing a complaint with the OFT, the CCTA, and the possibility of legal action.

 

They've agreed to refund the £120 :D

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Have you sent a formal complaint by recorded post? They have 8 weeks to resolve it from the date of receipt. Only after that point can you get the FOS involved. Their customer charter gives them five days to acknowledge receipt.

 

Address your complaint to:

 

Ariste Holding Limited

2 Reavell Place

Ipswich

IP2 0ET

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Victory!

 

I sent a formal complaint, and pointed out that they were in breach of contract; breach of their customer charter and therefore in breach of CPUTR 2008 (supplying misleading information). I asked for £120 back, and reminded them they would be charged more than that if I opened a complaint with the FOS, and that my other rights extend to filing a complaint with the OFT, the CCTA, and the possibility of legal action.

 

They've agreed to refund the £120 :D

Excellent well done:whoo:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 months later...

Its ok. Prob an attack of the forum gremlins

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Prob a PDL tout, or someone whose post violated forum guidelines.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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click cash genie in blue up the top

it has its own thread d now

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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