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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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Royal offering full settlement


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I have been helping a few people claim back charges. When the Royal Bank finally offers a full settlement, they ask you to sign a form saying you will accept it as the full settlement and that future charges must stand. Does anyone know if you refuse to sign saying saying they can continue to charge illegally, they will still settle without requiring you to sign to accept future charges, if you contine with legal action.

 

Regards

 

Gary

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Thats a very confusing question! But from what I can make of it, heres what I think.... firstly the bank charges are unlawful, not illegal. Secondly, it doesn't matter what you sign, you can't sign your rights away.

 

"It doesn't matter what you sign; you cannot sign a legal right away if it's granted in Law. You could sign an affadavit saying I will never ever claim from you again for anything at all; and then claim the next day because you are legally entitled to that for which you claim.

 

So - even if you signed an "any and all claims, and all future claims" clause, it could only make it slightly more difficult. You can claim for charges going back as far as the bank has records; although no-one has tried to go beyond the six years yet in court." (Stonelaughter

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/6721-stacymason-rbos-2.html)

Thirdly, I'm confused as to your last point, why would you continue with legal action if you've been offered the full amount?

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Lucy,

 

Yes I see what you mean about the confusing post, when I read it again myself. Thanks for the reply, you did get to the question I was asking anyway. My concern was that if the bank offers a full settlement of your claim they also ask you to sign a form saying that future charges they make to your account will be accepted. I was trying to determine whether agreeing to this would prevent a future claim against them for unlawful charges. I thought, as you say, it doesn't matter what you sign, you can't sign your rights away, was the case, but I was not sure.

 

Regards

 

Gary

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You dont have to sign.

If this is one of the conditions then strike out that wording and sign.

They are concerned that you inform the court that they have settled,they have no wish to see you delay that.

By imposing conditions they have effectively not settled your dispute 100%.

By signing as full and final settlement it does restrict you,in particular if there is a confidentiality agreement.

This is a legally binding doc.

If there are any uncertanties then you should not sign anything at all.

For anything to be legally enforceable would require you to sign and return.....if you do not do this then thats basically the end of it

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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