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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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Legal Advice after FOS


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Long story short.

After years arguing with RBS I took my complaint to the Ombudsman.

This was initially thrown out but I knew I was right so appealed and won.

 

 

It's worth knowing that the Ombudsmans caseload is filtered by minions who know nothing about Financial Services and are clearly there just to deter people.

 

 

the RBS had to refund charges,

pay compensation etc

 

 

the main issue led to other financial problems which led to court action which led to my credit rating being stuffed.

 

 

The FOS say they have no jurisdiction over the Courts so I need to take independent legal action.

 

 

Does anyone know of a solicitors who will pursue the banks?

 

 

Thanks

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  • 6 months later...

I didn't use a solicitor for my appeal, did it myself. Although I won my appeal I wasn't satisfied but I got nowhere with further action against them because I couldn't find a solicitor who was willing to pursue it and have too much on my plate to waste more time - although its bugging me and I know I should.

If it is your first appeal then it should be dealt with by the actual Ombudsman and not the oik who turned you down the first time, they're just there to filter appeals and get rid of people as quickly as possible and know bugger all about FS. It's only because I used to work in a bank that I absolutely knew I was right.

If you're not sure of your position and cant find a solicitor to use then contact Citizens Advice. Is it the same issue I had, Right of First Appropriation, or something else with them?

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