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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 
      • 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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FOS adjudicator not sharing evidence, FOS in a state of denial***Decision Overturned***


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I have a current packaged bank account complaint and can confirm the FOS's poor practises.

 

Important info in my case was drip fed to the FOS from the bank without my disclosure.

The FOS caseworker would ring me sometimes 5 days later than agreed.

The caseworker would then ambush me on the phone about information I knew nothing about, hardly good advocacy at any level.

 

The They could not even read a bank statement correctly which led to sleepless nights because the FOS caseworker attributed a 11k withdrawal to the wrong company making me believe fraud had occurred, that is until many weeks later once I got sight of the bank statements I requested from the FSO and realised the FSO caseworker's school boy error.

 

Even when I demanded the case be dealt with by another caseworker due to incompetence this was ignored and a decision railroaded.

 

 

Now I have a legitimate claim for harassment against the caseworker for refusing to hand the case over and for continuing to ring me trying to harass me with questions about information not prior disclosed to me.

 

I held a senior management post at The Home Office for over 23 years so I am used to dealing with casework and policy matters at all levels. I believe I am well qualified therefore to categorically state what a complete mess and state of denial the FOS is in.

 

Until MP's experience this poor level of service I seriously doubt things will change for the better.

Edited by honeybee13
Paras.
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Hi Honeybee, not sure if anyone has experienced using the independent assessor set up to consider complaints about the level of service of the FOS, although this appointment seems in house. Thought I'd share my current experience of the FOS with others.

Edited by Robbie101
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Until MP's experience this poor level of service I seriously doubt things will change for the better.

 

Absolutely.

I've recently contacted my MP about FOS bias issues,

basing decisions on (the bank's/businesse's) hearsay evidence,

not sharing evidence relied upon,

not giving me adequate opportunity submit all documents,

lack of updates from the adjudicator,

not respecting my communication needs amongst other things.

 

You can use the writetothem website to find out your MP, then send email/letter from within that site:

 

https://www.writetothem.com/

 

Or use theyworkforyou website. Can write to your MP from there also:

 

https://www.theyworkforyou.com/mp/

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  • 1 month later...

UPDATE: Well I have some surprises for everyone reading this thread. I contacted Caroline Wayman Chief Ombudsman about my concerns about how my case was being handled. The Ombudsman Team leader looked into it and decided there were mistakes made and offered an apology. The case was looked at again in accordance with procedures and the original decision overturned in my favour against Barclays Bank. In this instance justice prevails. My thanks to CAG for providing an important platform and to everyone offering advice on this thread

Edited by Robbie101
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Makes you think how many people have complaints rejected simply because adjudicators have sided with financial services companies, based on reliance on what they have been told, rather than obtaining full information.

 

Well done for pursing when many would have given up. :whoo:

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Well done Robbie...I have amended your thread title to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

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