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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
      • 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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MINT stalling for time - any suggestions?


jonat
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I sent my LBA special delivery which had a guaranteed delivery date of the 23rd November. I receieved a letter yesterday dated the 27th November saying that they would get back to me within the next two weeks which takes them 4 days over their deadline. They are obviously stalling for time! what I want to know is, is their a letter template I can send them reminding them that I require a responce within my original 14 day timescale or do I just wait until their time expires and begin my claim in court?

 

Any help would be appreciated as always.:-)

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if they do not respond within the timescale you have set which allows them adequate time then you should go ahead and issue a claim via the court system. do not let them stall you in the process. good luck and dont worry. they play this like a game just make your next move.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Mint have just settled my claim for full amount - LBA sent 21st November after they initaillay rebutted my claim. Their letter with cheque dated 29th November and received today. See my thread for full details - Tony v RBS Advanta. Hope you get similar result soon!

:)

MINT / RBS Advanta

SAR

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They came back to me yesterday but they have offered my only a part settlement. The reason they give for this is that they reduced their charges to £12 from £20 in line with the OFT's recomendtion. So they have only refunded the charges previous to the change.

 

Did they try this with you and if so what did you do?

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No, they said "Although we have reduced our charges, (ie to the £12.00 suggested by the OFT), it is not our policy to refund late payment or over limit fees charged at the higher level (ie at their previous fee levels), however in order to bring this matter to resolution, I have refunded the charges stated in your letter ... for which I enclose a cheque."

 

So basically, they don't accept they were in the wrong, and say that they wont refund full amounts as matter of policy but then they paid me anyway.

MINT / RBS Advanta

SAR

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Sounds like they are trying their luck with me then. I think I'll have a scout around and see if they have tried this with anyone else and if their is a template letter available to respond.

 

Cheers for the info

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