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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Goldfish offer advice wanted pls


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My Goldfish claim comes to 296.12 and they are offering me 341.34 (50.00 as 'goodwill' gesture). They say:-

We have noted your comments and we will not accept any amendments made subject to your acceptance of our offer. However in order to bring the matter to a close without further delay we are prepared to offer you a further 50.00 credit to your account.

the detail and terms of this offer together with any prior discussions or correspondence relating to your claim will remain confidential between yourself and goldfish and any breach of this confidelity by you will result in the settlement amount becoming returnable to us on demand and without reduction or set-off (whatever that last bit means !!!).

I have tried to negociate a deal with them whereby if they offered me a decent sett fig on my outstanding balance of 3500.00 i would agree to sign confidelity letter, but they say they will not accept any amendments.

What should my next move be seeing they are prepared to pay above what i am asking? Should i write back and accept the offer, but say i wont sign the confidelity letter.I'm just not sure what to do for the best. Can you please help.

xx

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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My Goldfish claim comes to 296.12 and they are offering me 341.34 (50.00 as 'goodwill' gesture). They say:-

We have noted your comments and we will not accept any amendments made subject to your acceptance of our offer. However in order to bring the matter to a close without further delay we are prepared to offer you a further 50.00 credit to your account.

the detail and terms of this offer together with any prior discussions or correspondence relating to your claim will remain confidential between yourself and goldfish and any breach of this confidelity by you will result in the settlement amount becoming returnable to us on demand and without reduction or set-off (whatever that last bit means !!!).

I have tried to negociate a deal with them whereby if they offered me a decent sett fig on my outstanding balance of 3500.00 i would agree to sign confidelity letter, but they say they will not accept any amendments.

What should my next move be seeing they are prepared to pay above what i am asking? Should i write back and accept the offer, but say i wont sign the confidelity letter.I'm just not sure what to do for the best. Can you please help.

xx

 

 

I would write back and tell them you accept the offer but will not accept the non disclosure clause. If tehy fail to agree contiue the process of your claim.

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Thanks for the info. I will write back and tell them i accept their offer but wont sign the clause. If they come back and still refuse to pay out unless i accept their agreement to sign confidelity clause, my next stage would be to file in sheriffs court. Can i take a claim to court if they are willing to pay over the amount i am claiming just because i refuse to sign the clause. Where would i stand with this then ?

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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