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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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Repayment of charges


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RBS have agreed to refund the charges on an account I had with them until approx. 3 years ago. I thought this account was closed but RBS say it is still open, even though I have had no contact with them for that time and have opened an account with another bank. Since leaving RBS I have a CCJ for repayment of the overdraft and loan that was outstanding which I have benn paying regularly month by month.

RBS want to pay the refund of their overcharging into my RBS account. As I have other debts with other companies , brought about directly or indirectly by the financial problems caused by RBS's overcharging, I have as much obligation to settle those other debts to these other companies as I have to RBS.

Can I therefore insist that RBS refund this repayment to me by cheque or into my current account with a different bank, rather than directly into a RBS account I was under the impression I had closed 3 years ago?

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You could ask them for a cheque but I think that the banks take the view that if you have an open account with them then they will repay the charges back into that.

 

Do what I did-once the monies are in transfer then straightaway.

PPMAN159

 

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Hi Yamaha, My partner is in the exact same position, she's not been offered any money yet but it's so annoying that this money will just reduce some of the amount she still owes. I'm with you, payment should be paid directly to the claimant as it's them who have been put in such position by these illegal charges:-x .

Don't know about you but she wouldn't be able to transfer/draw money from account anyway. Something I did read though was somebody requested that they be paid by cheque on their POC and that worked. Problem for my partner that's already with court/RBS.

Just out of curiosity have you tried asking for payment by cheque? You just never know.

Please keep us up-dated, as I am very interested indeed. Thanks, ADIE;)

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  • 3 weeks later...

Sorry Adie1965 for delayed reply - my PC went on the blink. Actually, my broadband went down - warning, don,t ever be tempted to switch to Talktalk unless you're fluent in Punjabee or whatever! Sorry, that sounds a wee bit racist but why do we have to 'phone the other side of the world each time we need to call a Call Centre?

I digress - no joy whatsoever from RSB who insist that how they repay the charges is entirely up to them and have thus repaid directly into an account I haven't used for 4 years.

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Hi Yamaha, Thanks for your update and sorry to see you had to have payment to account.

Latest update on my partners claim:- Had offer(not enough) rang+emailed stating would accept if paid by cheque(cheeky I know). Anyway declined:( So proceeding with claim, 6th June they have to submit A/Q then we will see what happens. ADIE

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