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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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Excellent Service from FOS


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I cancelled my Barclaycards returning them to BC who did not advise the credit reference agency which might have affected my credit rating. After writing some letters with no reply I started the formal complaints procedure with BC and still no reply so referred the file to FOS. I requested that BC advised the credit reference agency, explained, apologised and paid me compensation of £100. FOS ruled in my favour and I await the payment from BC who apparently had not received any of my letters.

 

So I am a happy bunny.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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I cancelled my Barclaycards returning them to BC who did not advise the credit reference agency which might have affected my credit rating. After writing some letters with no reply I started the formal complaints procedure with BC and still no reply so referred the file to FOS. I requested that BC advised the credit reference agency, explained, apologised and paid me compensation of £100. FOS ruled in my favour and I await the payment from BC who apparently had not received any of my letters.

 

So I am a happy bunny.

 

HI Rexroth

 

Welcome to CAG, Could i make a suggestion that you give us more information on the matter so we can help others?

If you explain exactly what happened and why you had the need to complain and how you did it, then itll open the door for others.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi fkofilee,

 

Thanks for welcome. I used to be here a long time ago. I'm very happy to give more details so I'll do that and I'm happy to answer any specific questions.

 

"I cancelled my Barclaycards returning them to BC" - I had several credit cards which I used for travel abroad to a country in Africa where I did not want to carry much cash and where ATMs were scarce and gave out little money. Now I am not travelling and had no need of the cards I was cancelling them for security reasons and just to make my life simpler. My contract with BC was that I could cancel the account by writing and returning the cards. I did so obtaining a free Certificate of Posting from the Post Office, maybe I should have sent them as signed for but I didn't.

 

"who did not advise the credit reference agency" - I keep a watchful eye on my credit reports and noticed that the BC was still listed as open whereas it should have been listed as closed.

 

"which might have affected my credit rating." - the more open accounts that a person has the less willing banks will be to lend more money. Also I like the information held to be accurate. There was also the risk of fraud on an open account I was not using.

 

After writing some letters with no reply - I wrote several letters to BC actually three, normally I would write two before making a formal complaint

 

I started the formal complaints procedure with BC and still no reply - It is important to make sure that a formal complaint is made as otherwise things drag on for ever.

 

so referred the file to foslink3.gif. The rule is either a deadlock letter or eight weeks have passed. This eight week rule is very important as it avoids the nonsense of "We are still looking at your complaint." etc.

 

I requested that BC advised the credit reference agency, explained, apologised and paid me compensation of £100. -When complaining to FOS it is important to say what you want also I prefer communication to be in writing. FOS knew I wanted £100 and I was not prepared to discuss this. I do strongly advise against having discussions with FOS over the phone.

 

FOS ruled in my favour and I await the payment from BC who apparently had not received any of my letters.- I think that BC had made an administrative mistake in not closing my account and could not be bothered to sort the matter out.

 

Hope this is clearer and I'll be happy to answer any questions or clarify anything that is not clear.

 

Regards Rexroth

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