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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
      • 161 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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FINALLY got statements but I am livid!


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After 3 months my statements (save for the last 2 years which they had already sent) finally arrived. Sent to me in my maiden name (I've been married and changed my name for over 3 years) and to my parents' house (where I haven't lived for nearly 7 years). It's just as well it is my parents' house, it could well have been my previous house that had been sold! Furthermore, the package was all ripped and torn with some of the contents poking out. I am not at all happy, I don't want my parents knowing I'm claiming back the best part of £2000 in charges (they've never had a bank charge in their lives and would be appalled) and yet now thanks to the bank they know I've requested all my statements back, so they must know I have a reason for that! I am livid with the bank, it just shows the contempt with which they hold their customers' personal data.

 

I have taken photographs of the package is it worth me complaining?

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Hi, Banks hold everyone in contempt they will be nice to you if you owe them 100K though, Nat West took me out of business 8 years ago just because they were selling. Interesting thing was I checked all the companies they own by I wonder which method they aquired them.

 

Best way is tell your folks save them guessing! and just tell all the people you know to claim back the charges, word of mouth is stronger than most advertising methods, Good Luck!

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

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Hi, had a very similar problem and was pretty livid as well. I threatened to take them to the small claims court to get a formal adjudication they had breeched the Data Protection Act and then send it to the Info Commissioner who can fine them. It worked as they offered to settle my bank charges before I had even issued a Claim Form.

 

I am awaiting a reply on the data issues but I will sue them for a ruling and damages at the discretion of the judge. No-one seemed to know the best course of action so this is what I'll try?

 

You could try this - I did send a post on this but don't know how to link it - it is the only other one I've written, so you may be able to find it!

 

 

cheers

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  • 2 weeks later...

Thanks for replying all, I meant to reply last week but couldn't log in! Gah.

 

Anyway, they sent another copy of all the statements to my current address. However this time the envelope was all torn and coming open as before, and furthermore even though it contained details and statements for MY bank account it was addressed to both me and my husband! :mad: Surely that's yet another DPA breach? Again, I have taken photographs.

 

Costacleethorpes, your story is very encouraging. I'll have a look for your post. I was going to ask for the money and mention the DPA issues as an aside hoping this would kill 2 birds with one stone - does that sound OK?

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Hi,

 

I am very much learning this as I go. I have accepted their offer to refund all my bank charges and they have refunded them. I am now intending to take them to court to get a ruling against them regarding Data Protection that I will then send to the Info Officer who can fine them. I will also ask the judge for damages at his discretion - if I got any it would be nice but not really why I am doing this. If I lost at least I have had a go.

 

I said I would do this in my initial claim for charges, no idea if it helped but they did meet my claim in full before the court stage.

 

I am awaiting an offer on the Data Protection issues but it will have to be a big one, I am feeling fairly bloody-minded after the amount they have messed me about. And, of course, there's the nice irony I can use the money they have just given me to take them to court!

 

Hope this helps in some way.

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