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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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Problem with Clydesdale bank, please help??


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I have a Yorkshire Bank CC and have been dealing with Clydesdale Bank since attempting to reclaim £754 in excessive charges. I have hit a brick wall in that they have repayed me £301 of this back in the form of a cheque, which I have duly cashed, and wrote back accepting only as part payment on the understanding they will repay me back in full etc......

 

I heard nothing for over a month...(staff sickness I believe??)

 

I called them and they immediately wrote back saying that as I cashed the cheque i was effectively accepting that as their full and final settlement of the matter....(of which of course I stated I wasn;t in my rejection of settlement offer received) Not sure how to proceed, as normally I would have started moneyclaim by now however the recent correspondance is from an address in Glasgow, Scotland and of course you can't claim o/s England and Wales? I have an address for Customer relations in Leeds, could I use this an address to get round that obstacle???

 

Can anyone advise I would be very greatful

C

:cool: 20/07/06 - DPL sent

11/08/06 - Chased and faxed DPL letter to Halifax

1 week later received full set of statements (4 yrs)

:o 19/08/06 - Request for £2908.31 letter sent inc interest

:-| 22/08/06 - Standard resp rec'd

:oops: 5/09/06 - Offer of £236 rec'd (are they avin a laff?)

5/08/06 - Sent LBA

8/09/06 sent letter, will accept as part settlement from Halifax not full etc.

12/09/06 - Rec'd offer of £657 (6 mnths charges as full settlement)

15/09/06 - sent letter will accept as part payment on understanding I will recover the remainder etc...

:confused: 19/09/06 - Rec'd another offer of £717? No Deal!

25/09/06 - submitted moneyclaim for full amount + court costs

:D 29/09/06 - Halifax settled in full, £3,028.31

23/10/06 - Halifax credit card settled in full

20/1106 - MBNA stettled in full

23/1106 - Halifax cardcash settled in full

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Hi Bran1507, this carrot being dangled in front of you is their way of getting out of paying up in full, unfortunately this seems to have worked in many a case which are now starting to appear across the forum. This is a learning curve for most on this site and we all learn as we progress, many earlier threads had advised to accept cheque as partial settlement and indeed i remember reading posts that said this wouldnt pose a problem as the bank are in no way in a position to set the terms,

this will pose a problem for you trust me on that however all is not lost as an argument can be made on that the contract you signed as full and final settlement that no consideration was given by the banks on this, this can only be argued in England though, scottish contract law dosent require consideration, bong discussed this in more detail in another thread

named claimitall, have a read and feel free to comment.

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