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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
      • 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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Could they cause me more damage?


clemo
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Hi,

 

Last year my partner was forced out of work which meant that we lost half of our income. The previous employer was taken to court, although we settled before it reached that point and my partner started a new job 4 months later.

 

During this time we both had personal loans with RBS which we struggled to maintain payments for because we had to concentrate on the mortgage. During this time we got hefty charges for overdraft facilities and returned DD's etc. sometimes the charges meant we were overdrawn which then accrued additional charges when DD's could not go out (this could often happen on the same day).

 

When approached RBS did a coupld of times refund the charges, but then said they had refunded once already so now we must pay.

 

Having spent most of the morning reading through this site, it is clear to me I should be claiming back my charges. But I have a question about the loans. Although we have now agreed with the bank to consolidate our loans and close the current accounts, leaving a joint account open to be able to pay the loan, if I now pursue the bank to get my charges back could they close the new loan account and force us to pay it back immediately thus making our situation worse?

 

Although my partner is back in work it will take at least 12-18 months to get back to where we were (along with a couple of defaults and lots of mised payments on our credit file) and I cannot afford to have an immediate demand for £12k?

 

Any advice or guidance would be appreciated....

 

Thanks

Clemo

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You will be claiming charges from two closed accounts. This shouldn't affect the loan which is a different account.

Don't forget, don't include any charges that they have already refunded, or the court will reject your claim.

Do you live in England? If so then pursue the claim through the English courts because the small-claims limit is £5000 in England. (In Scotland it is only £750).

 

Click on this link for more info if you live in Scotland.

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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