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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
      • 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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Phoenix - stand your ground - they offer discount figure , but dont pay them!!


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Hello all

 

With regret I am another small business mis-sold to by Phoenix Business Agents.

 

Back in September 2011 after signing their contract and paying them £600.00 which the salesman was very quick to point out this is refundable on sale,

or if they don’t sell your business after 26 weeks and you wish to cancel the contract.

 

I waited for the first viewing.

 

After all I was told not to waste their time as they had buyers in the area wanting to buy businesses, and I must be serious about selling.

 

9 months passed without a single viewing.

Phoenix not making any effort, or showing any interest.

I decided to take my business off the market.

This does seem to be what they anticipate.

 

A week later arrives an invoice for £3000.00

 

They make a big deal about the £600.00 paid upfront being refundable.

I find this deliberately misleading, as this hints no risk!

I admit they don’t say it. But when someone tells you, you get your money back, you don’t jump to the conclusion you will receive an invoice for 5 times the amount.

 

I now have daily calls at work from a patronising woman from accounts telling me she understands,

but I should understand this is the law!

Could she be more condescending?

 

I’m told they will negotiate with me rather than go to court.

She has had a word with her manager and now they are doing me a favour.

I only have to pay £2000.00.

 

I’ve told them, I would rather go to court.

I’m waiting for a response.

 

I’m fuming.

 

brisbs

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Hi

 

I have recently become another victim of Phoenix Business Agents.

 

Back in September 2011 after signing their contract and paying them £600.00 which the salesman was very quick to point out this is refundable on sale,

or if they don’t sale your business after 26 weeks and you wish to cancel the contract.

 

I waited for the first viewing.

 

After all I was told not to waste their time as they had buyers in the area wanting to buy businesses, and I must be serious about selling.

 

9 months passed without a single viewing.

 

Phoenix not making any effort, or showing any interest.

 

I decided to take my business off the market.

 

This does seem to be what they anticipate.

 

A week later arrives an invoice for £3000.00

 

They make a big deal about the £600.00 paid upfront being refundable.

 

I find this deliberately misleading, as this hints no risk!

 

I admit they don’t say it.

 

But when someone tells you,

you get your money back,

you don’t jump to the conclusion you will receive an invoice for 5 times the amount.

 

I now have daily calls at work from a patronising woman from accounts telling me she understands,

but I should understand this is the law!

Could she be more condescending?

 

I’m told they will negotiate with me rather than go to court.

She has had a word with her manager and now they are doing me a favour.

I only have to pay £2000.00.

 

I’ve told them, I would rather go to court. I

 

’m waiting for a response.

 

I’m fuming.

 

Surely this sort of shady and unscrupulous business practice is unlawful?

 

Any advise is very welcome.brisbs

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Hello Conniff

 

The monies paid upfront (£600.00) do say 'is refundable upon complietion of sale or upon termination accordance with clause 4 of the contract.

 

The sales fee is agreed at £6000.00 +vat.

 

The contract states:

 

The vendor may otherwise elect to break the agreement at any time during the initial period by serving notice in writing on

Phoenix whereupon a sum equal to half the agency fee shall immediately become payable to Phoenix

as agreed compensation for the loss of opportunity to earn the full fee and in payment for work due up to the exercise of this option.

 

The £3000.00 invoice is less the monies already paid.

 

Today accounts phoned me again to negotiate a settlement figure.

 

The sum has now gone down to £1500.00 inclusive.

 

I’ve left it unsettle, and they are waiting for an answer.

 

When I got home a letter from them stated they have not received the £3000.00,

and will start court preceding on the 4Th July 2012.

 

if the monies have not been received in full.

 

I did get the feeling they will see how much money they can extract from each person without going to court.

 

Why would they opt for £1.5k when I theoretically owe them £3k ??

 

Your advise is much appreciated.

 

brisbs

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