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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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Hi everyone

 

Had the positive response from the Financial Ombudsman i was looking for but now at a stop due to broker ( happy days ) yes that lot, not acting on FOs findings.

Whats my next step? Issue court proceedings or return to FO asking for their help?:confused:

 

The big G

 

This is only my opinion, it is your call at the end of the day.

 

If you had a good response from the FOS and they the brokers are not playing the game, I would go back to the FOS report them and get them in deep do do. If you get no joy thes issue a N1 via the court.

 

Kepp us updated please

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi HHNF,

 

Yep, thats what i thought. The FO stated his findings in my favour recommending what the broker should do by the 9th October. So far no response from them, i'm not surprised, they are not going to jump over barrels for me.

I have an E mail contact at the FO office who worked on the claim, i send enquiry to her for advice on my next move and ask if it's normal for brokers to ignore the FO,LOL.

 

I expect they will contact the broker and ask whats going on and hopefully inform them that court action is the next step.

 

If i go to court can i download a N1 form or have i got to get one from the court office?

 

Regards

 

The Big G.

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Hi HHNF,

 

Yep, thats what i thought. The FO stated his findings in my favour recommending what the broker should do by the 9th October. So far no response from them, i'm not surprised, they are not going to jump over barrels for me.

I have an E mail contact at the FO office who worked on the claim, i send enquiry to her for advice on my next move and ask if it's normal for brokers to ignore the FO,LOL.

 

I expect they will contact the broker and ask whats going on and hopefully inform them that court action is the next step.

 

If i go to court can i download a N1 form or have i got to get one from the court office?

 

Regards

 

The Big G.

 

Hello Big G,

 

Mmmhh, how scared are they of the FOS, unless, its a bit of the left and does not know what the right hand is doing.

 

To file the N1 please look at this sticy, you can download it from the site.

 

Good luck and keep us posted and if you need help just ask.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello Big G,

 

Mmmhh, how scared are they of the FOS, unless, its a bit of the left and does not know what the right hand is doing.

 

To file the N1 please look at this sticy, you can download it from the site.

 

Good luck and keep us posted and if you need help just ask.

 

Hi HHNF,

 

Checked my e mails today and following mine to FOS had a reply assuring me that an offer is now in the post and should receive it by end of week, sign it if i agree to offer send it back and await payment, we shall see.

 

The Big G

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Hi HHNF,

 

Checked my e mails today and following mine to FOS had a reply assuring me that an offer is now in the post and should receive it by end of week, sign it if i agree to offer send it back and await payment, we shall see.

 

The Big G

:D Well thing are moving and hopefully in your favour.

Bet you'll be tripping yourself over the carpet in your dash to the post in the morning.

 

Keep my fingers crossed for you that it is favourable.

 

Let us know asap

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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