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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 & fos findings


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Has anyone had the same problem as me, if so what have you done. I could use some good advice.

I had my own business until last year, after 43 years I was forced to close by ill health due to stress caused by RBS.

I had transferred my account to them in August 2009. Had free banking for three months - but got charged.

Between 2009 and 2011 they charged me over £21,000 in bank charges, I was eventually crediting money to the account just to pay their charges and they were bouncing items more than paying them - reducing me to a shivering wreck and my good name in tatters and finally the destruction of my business.

After trying to get some of my charges back from the bank. I took the matter to FOS - after six months of allowing RBS

two weeks at a time to ignore their requests for information - the ombudsman declared that RBS had dealt unfairly with me

and had treated me unprofessionally by not assisting me when I was in need. They did say I was partly to blame for the way I ran my account - but I do not agree with them there - I had an overdraft limit and was not allowed 1p over that limit, and lived within those rules - using internet banking I checked the account every morning. The only time I exceeded the limit was when they posted charges and interest during the course of the day -

The upshot of it was the FOS stated the RBS should refund £10000 to me- to be taken off the charges still being debited to the account- in fact there is no refund to me at all. I lost my business and my health through this bank and wonder if I could refuse to

accept this finding and take the matter to court, or would I be wasting my time. Any help gratefully accepted.

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