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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 
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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.
      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 Decision - Judicial Review


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WHi All

 

Background:

 

I was purchasing a property on mortgage (Clydesdale Bank) and it was a sub sale. Because of some delays at bank's side we missed the completion date and I lost about £60K. Losses fall into following categories,

 

1. About £20k - Penalty issued by the seller for late completion (this was already confirmed)

2. About £40k - Money lost in arranging the finances to complete on cash

 

FOS decision is in my favor.

However, they are awarding me only about £20K

(The actual penalty issued by the seller which I had to pay).

They are not considering my other losses even after submitting all the evidences.

 

So don't know what to do?

Already suffered a lot and still suffering.

 

Have 3 options,

 

1. Take about £20K and forget

2. Approach County court

3. Approach High court - Judicial review

 

Any guidance and help will be greatly appreciated.

 

Thanks in advance.

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They said that bank is not responsible for my other personal losses as bank fulfilled their mortgage promise after few weeks.

 

 

they are going to award me only the penalties issued by the investment company/seller.

FOS didn't care about my points and simply ignored it.

 

Initially they were not even awarding me the about £20K losses.

After fighting for it, they agreed for it over phone.

 

They were just awarding me £600 for interest penalty and £500 for stress etc...

 

Still waiting for their final response letter/mail.

 

Considering that its huge loss, just trying to figure out the best possible option now.

 

TIA

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  • 3 weeks later...

Received Provisional Decision by FOS. They will give Formal Final Decision on 16 Oct.

 

They are rejecting all my personal losses saying that it was my choice to arrange the funds for completion and penalties even though I have provided all the evidences and proper explanations for everything.

 

I am not sure what to do now? Its substantial amount about £40,000

 

Was thinking of writing to Caroline Wayman but not sure if it will help or work against me.

 

Any advice please? It will be highly appreciated. I have until 09 Oct to provide any comments.

 

Can't find any solicitor also who is willing to fight for me.

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