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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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Sparkler V Barclays


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  • 3 weeks later...
Hi Sparkle

sent a rejection letter asking them for the full amount again,give them 14 days ,they will probably reply saying unfortunately we can come to no agreement,then file to moneyclaim,thats what i did.

 

There's no need to give another 14 days. The LBA was sent on the 20th of September and that clearly states that they have 14 days to comply otherwise you will file at court.

 

You can send the rejection letter and carry on and file for the lot.

 

After I sent the rejection letter, they sent me a letter back expressing their disappointment that I was pursuing them for the full amount but they did not withdraw the offer. It's still there should I wish to settle out of court.

 

You will not get the amount they're offering and claim the rest in court. It's a package deal, all or nothing.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Yep, I stand corrected:rolleyes:

 

I'm not saying that every offer is still on the table, I read mine which stated that if I wish to reconsider, I should send the form back duly signed.

 

They tend to deal with some claimants differently so it pays to read all correspondence from them carefully.

 

Good Luck

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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No. The account fees are a legitimate charge unless, that is, you didn't agree to them in the first place. It relates to things such as Travel Insurance and the like.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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I didn't understand what the question was about for a second. Having gone to the spreadsheet, now I do.

 

I assume that because you are posting on the Barclays section, you are with that bank. The things to look for in your statements are "Paid Referral" and "Unpaid out".

 

The wording in the spreadsheet when you first open it is an example only. You edit the words in the first column with Paid Referral or Unpaid out. When you get to the end of your highlighted list, edit anything below except the totals then you have your figure.

 

If this posting has helped you please click on my scales, top right.

 

Good Luck

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To follow my case progress, click here to see where I'm at right now.

 

Welshman

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