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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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RBS offer


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I received a letter from RBS on Friday in response to my Letter before action offering me the full amount for the charges on my old credit card but refusing to offer me either the interest I've asked for or the return of my £10 Subject Access Fee. They actually enclosed a cheque for £364 in the post. What should I do? The interest at 8% which I asked for - the standard amount I could claim for in court amounted to £166 so this is a substantial amount of money. The reason they gave for not offering it suggested they misunderstood what I was asking for, despite my having included a schedule showing the charges and interest. The letter stated that I had incorrectly worked out the amount I had been charged for interest on the fees and they were giving me that back - about £3 - whereas I was actually asking them for my interest on the money I would have had if they hadn't have charged me, if you get my drift. I am entitled to ask for this aren't I? And for the subject access fee? Can someone confirm just before I reply? I want to be sure I've got my facts right.

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Further to this, I've just been reading that you can only apply the 8% interest once you file a court claim, not at the Letter before Action stage. Does this mean then, that if RBS has settled the charges in full but has refused the 8% interest and Subject Access that I have no right to take them to court for the interest? Seems strange that the Court says I'm entitled to it but I can't ask for it if the bank settles the charges before the court claim. Can someone clarify this please?

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Can someone help with this? I just need confirmation that you can only apply for 8 % interest at court claim stage - why is this?

 

Also, can I only ask for the subject access fee at court claim stage?

You can only claim the 8% at the court stage because thats what the court say you are entitled to so under Sect 69 courts act.

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