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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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Can anyone help?


susan 1983
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I've started the process of reclaiming charges from my bank, I sent the first letter asking for copied of statements which they have replied to, promising that they have been ordered and are on their way.

 

I know alot of charges were taken around 3 years ago due to an unauthorised overdraft. Charges were being applied to my account almost everyday for this and the bank eventually told me that I had to take a loan with them to repay the overdraft. The loan ended up being for around £4000 due to the interest that had been added. The amount was too high for me to be able to keep up repayments and so this defaulted and was also added to my credit report. I know that if the bank hadn't applied these charges in the first place, then my overdraft would never have gotten so out of hand, and I would not have had to take this loan. I had take the loan to cover theur charges and also pay interest on them due to it being taken as a loan.

 

I wondered if anyone else has been in a similar situation ar knows if there is anything I can do to get the loan defaults taken off my credit report as I only had to have this loan due to the bank sending me further into an authorised overdraft with their charges.

 

I would be grateful for any suggestions anyone has.

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Hi Susan

 

I'm afraid you probably have no justification to reason this with your loan provider. Essentially, you entered into a separate financial agreement with them, which you have not been able to keep the payments on. I did a similar thing, consolidating a number of overdraft and cc debts into loans, and then due to a lifestyle change couldn't keep up the payments. Even if the loan is with the same bank, they will be most likely operated as separate companies, so there will be no help there.

 

While the bank charges can be claimed back, and any default on them argued, the only way to remove your loan default (IMHO) is to clear the arrears and keep up the agreed monthly payment. Probably not the answer you were hoping for.....

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