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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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Anybody Fancy Some Fun ?


surreyscouse
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July next year. Paid for quite a bit of it already with some savings. I was quite happy to do the vegas thing but the mrs would like her dad to walk her down the aisle etc so happy to do that all the same.

 

If you get lucky if Vegas you might be able to double you refunds on the tables !

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Anyway, appears to be a delay on the computer servers at my end or MBNA's

 

Your message

To: [email protected]

Subject:

was read on 23/05/2006 10:52.

 

Your message

To: [email protected]

Subject:

was read on 23/05/2006 10:51.

 

Their response may well be working it's way through to me now, albeit delayed

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I've got news for the mate, the Mrs did that much in Toysrus in new york last year in about the same amount of time !

 

Quite happy with the church thing, all of my mates will be there so well happy about that ! Would much rather do vegas on the stag do !

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Well done Surreyscouse, I thought your letter was excellent and fingers crossed!

 

Congrats on getting married, how exciting!!! I've done it twice so it can't be all that bad!;-)

 

Does that mean I have to stop stalking you!!!! :eek:

 

Timing a bit out of sinc here but thank you. I will keep you updated.

 

You have my express permision to continue stalking me.

 

I left a message on Michael Rhodes Voicemail last night for Stuart Johnson to call me to see what action he is going to take with regards to the DPA breaches. I read through all the info they sent to me, about 50 pages and not in date order so took me ages to get that sorted. Loads of mistakes, still oads of info missing and curiously no mention at all of any of my conversations/emails with the advocates office. even when I threaten them with court action they can't get it bloody right !

 

Will update later when Stuart Johnson calls !

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Email response from Stuart Johnson:

 

Dear surreyscouse

I'm afraid I don't have personal voicemail, so I was unaware of any message. Given the previous mis-understandings over your requirements when discussed over the phone, I think it is prudent that we stick to written communications. There is a response to your previous email going out to you today.

Kind regards,

Stuart

And my response

Many thanks Stuart,

The message was left on Michael Rhodes voicemail. Agree on written communication comment.

If you could email over a copy of the letter in the meantime as well then that would be much appreciated. Obviously still send out the signed copy for the sake of good order.

I have now read through the items you sent me.

Kind regards,

surreyscouse

God Only knows what they are writing to me about now !

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Absolutely nothing by email, sent gentle reminder and still nothing, then rang and "both Stuart and Gavin are away from their desks" . We'' see tomorrow then huh ! :lol: :lol: :lol: :lol: :lol: :lol: Keep smiling - off for a few beers now !

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Update, Recorded delivery letter from MBNA tried to be delivered this morning but nobody in to sign for it. Thanks for letting me know it needed to be signed for. Can't realistically pick it up until next week now.

 

I have now sent my 3rd request to them to email a copy of the letter to me. No response on the other two so see what happens, will call at lunchtime if not heard anything. :-x

 

Oh, and I reckon they have switched off their read receipts as I no longer get confirmation that they have read my emails.

 

I think the boys from MBNA come on here in their spare time to se what's happening.

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You know what, I'd phone mbna Michael Rhodes 01244 672040 and ask them why they aren't taking you seriously. I mean, you are threatening court action and they send you a bloddy postcard !!!!! If it was me, I would go mental at them !

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Email response from Stuart Johnson:

 

Dear surreyscouse

 

I'm afraid I don't have personal voicemail, so I was unaware of any message. Given the previous mis-understandings over your requirements when discussed over the phone, I think it is prudent that we stick to written communications. There is a response to your previous email going out to you today.

 

Kind regards,

 

Stuart

 

 

I have left numerous messages for Stuart/Gavin for them to email their letter. Gavin has left for the day and the last he left for me is that they are not entering any verbal or email communication. that is not what they are stating above.

 

I have just spoken to Michael Rhodes P.A. who said that i will just have to wait to get the letter. Not having that was put through to Stuart Johnson. He was in a pretty bad modd let me tell you. He will not email or fax the letter to me. Would not give a reason and said he was very busy and was terminating the call. He hung up. I was not agressive, abusive or confrontational. I am now going to email Michael Rhodes to request he emails it to me.

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email to michale rhodes

 

Dear Mr Rhodes,

I have been in recent communication with Gavin Theobald and Stuart Johnson. Both of whom have always been professional and courteus towards me.

I am fully aware that a prompt response has been issued to my email dated 23rd May 2006. Stuart informed me that a response was going out last night which was correct. Unfortunately he did not inform me it was being sent by recorded delivery so I did not know I should make arrangements for somebody to be at home to sign for it. At present the letter is sitting in our local post office waiting to be collect which I am unable to do until Wednesday next week.

I have asked on numerous occasions for the letter to be emailed or faxed to me. Most recently about 10 minutes ago when I spoke to Stuart Johnson who was unwilling without reason to forward a copy to me citing his reason as being very busy and terminating our call. He could have easily emailed the letter to me in the time we were speaking.

I see no valid reason why this letter cannot be emailed to me, after all, you have accepted and sent countless emails to me in the past.

Please can you arrange for the letter to be emailed to me before 5pm today so I can consider whatever comments have been made.

Yours sincerely,

surreyscouse

 

 

Nothing will come of it !

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I agree, even another staff member asid to me earlier that they are just really busy at present.

 

Anyway, here is what I think has prompted him to be so short, either:

 

A. He has already given me a massive refund and has had to give me more and is really peeved about the fact that he has given in to me ! and that's why he is being awkward

 

B. He has sent a real agressive letter and just wants me to read it and has really left the ball in my court.

 

C. They really are that busy that he just can't be bothered to take any more letters off me this week and is trying to clear what he already has.

 

Regardless of this, I have never experienced somebody going from being very hospitable to being so very rude and uncompromising in such a short space of time. Oh, and they have definately switched off their read receipt for emails from me ! 8)

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Either way mate, I have printed off confirmation they have received them so they can't use the "we mustn't have received it " gag on me ! You may be right, perhaps they are just deleting them. It would be different I bet if my heading was "payment details inside this email" :lol:

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I get both a delivery and read receipt, although you are quite correct that a lot of companies switch it off for the very reason you pointed out. Maybe it's not just me and that their server can't cope with sending the messages back out

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Hi Eric,

 

I would drop them an email saying that you have received their postcard. I take it their 14 days after the LBA is up so I would email them and say to them that you are willing to extend your deadline until noon on 30th May for them to comply with your request or you will issue a summons without further notice. See where I'm going, bank holiday Monday so it means that they will need to action your request today. Make it clear that you will not offer a further extension under any circumstances. This will rattle as we now know that they are well and truly on the ropes !

 

What do you think ?

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Dinghy,

 

Looks like you were right. Two emails to Stuart Johnson and then these come back:

 

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

 

Maybe he was just clearing out his inbox !!!!!!!

 

Anyway, after all the hassle yesterday of them not sending me their letter by email, I got up super early this morning and went down the post office to collect their letter, signed for it and it turns out it was bloody concert tickets !!!!!!

 

Oh, well, I fancy chilling out a bit today so will put work on the back burner and bombard MBNA with emails. First one going off to ask for the recorded delivery number for their letter, I am actually doubting that they have sent when they say they did !

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Here is this mornings email to MBNA: Copied in Stuart Johnson and Gavin Thebald, let's see if it gts read or not !

 

Dear Mr Rhodes,

I refer to a recorded delivery letter which your staff have stated was sent to me on 24th May 2006 and that your staff confirmed I had not signed for.

I made the effort of collecting the letter that had attempted delivery yesterday and the letter in question was not from MBNA.

Please can you email me the recorded delivery reference number so I can track it online and I would once again request an electronic copy of the letter which I have already done on numerous occasions. Once again, I see no good reason why this letter cannot be emailed. I have been polite and courteous in my request and will continue to be so, there is no reason why MBNA should conduct themselves in any other manner.

I will contact you again at midday today if the letter has not been emailed to me.

Kind regards,

surreyscouse

 

Don't think I will be seeing that letter to be quite honest !

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