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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.

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      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.
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      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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Is it worth going to an Ombudsman if an Adjudicator has already said no?


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Hi All,

 

I have around 6 complaints with the FOS. 2 of which have already been looked at by an Adjudicator who rejected them both. When she did she told me that an Ombudsman will probably side with her? Is this right? I have complained to her Manager as I really felt that she was biased from the start. I have asked for an Ombudsman to look at them but now after what she said I am wandering if its worth it. Luckily my other 4 complaints are now being investigated by another adjudicator as I requested.

 

Any help would be appreciated.

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By all means have it referred to ombudsman him/herself

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I have but just wanted to know if any decisions have been overturned to show that it is worth it. Really hope so as one of them was definitely wrong based on what other's have said.

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There have been a number of reports on here that the Ombudsman has upheld a complaint that the adjudicator rejected. BUT you must put some work in and put forward an argument that an Ombudsman is willing to consider.

We could do with some help from you.

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There have been a number of reports on here that the Ombudsman has upheld a complaint that the adjudicator rejected. BUT you must put some work in and put forward an argument that an Ombudsman is willing to consider.

 

Ah right ok understood. Will get to work on it tomorrow then. Get everything together.

Thanks that's made me feel a little better.

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