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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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Finance Agreements


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Well my mother has one and she now has to have insurance, so this lady should too, although my mother doesnt know whether it is compulsary or not

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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probably. You reversed out of a driveway and such a movement obstructs passing traffic (and pedestrains of all descriptions). It is considered that where such a manouver is carried out, it is the responsibility of the driver to ensure that it is safe to do so. It is the equivalent of pulling out of a side road onto a major road.

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Well my mother has one and she now has to have insurance, so this lady should too, although my mother doesnt know whether it is compulsary or not

 

It is not.

 

The crucial delimiter is the top speed. Up to 4 mph are Class 2 and may only be used on the pavement. Above 4 mph (but not exceeding 8 mph) it is a Class 3 vehicle and may only be used on the road; it must be registered; it must have an amber beacon if used on a dual carriageway

 

This website provides definitive answers and links

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will i be held responsable by my insurance company

 

Unfortunately, yes. If they pay out, you will also impact your NCB.

 

OTOH, you could pay for the repairs to the scooter - then you are only required to inform your ins. co. instead of claiming - this would preserve your NCB.

 

As you were reversing onto the highway, and collided with a vehicle on the highway, I think that you will be held at fault. It is for you to complete a maneouvre such as this without endangering other road users.

 

as the highway was clear when i reversed she must have been moveing at some speed or had stopped directly behind me. these things are so low down it would have been impossible to see through my rear mirror.

 

Somebody sat on one of these is considerably higher than a dog or a child; it is for you to ensure that the area immediately behind your vehicle is clear - the rearview mirror simply isn't good enough for this

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If the lady in question hasn't made a claim against you for damage to the scooter, then there is no case to answer at the moment, even if she does, you could offer to pay for the damage caused ( this would mean you admitt the accident was your fault), without going through your insurance, which might work out cheaper in the end, since the lady wasnt hurt and isnt claiming such, then offering to cover all damage costs seems the way to proceed, however, saying that, the warden has now reported the accident to the police, on behalf of this lady, if you could proof the accident was at the fault of the scooter rider, then think about contesting her claims that you was to blame, give the police a statment of your side of events, get the accident logged to cover yourself down the line, incase things turn nasty, ie there try claim for personnel damage etc etc

At best the people riding these scooters have no training to operate such, wheres to drive a car we have to go through driving tests etc etc , you state the scooter lady wasnt that young, this could go in your favour, was she infact capable minded to operate such scooters, has the scooter been checked for any defaults that might have caused it to stop directly behind you as you reversed ? even ask your self did the lady infact stop behind you for any other reason ?

Also these scooters travel at such slow speeds 4 to 5 mph and if you was reversing then your speed wouldnt have been much either, so for the steering rack damage to occur i would be questioning that aswell...

 

Happy the old lady suffered no harm to herself, wouldnt wish that on any body, i'm sure you was shaken up at the time aswell, if you think you was to blame, let your insurance know, chances are it wont affect your ncb etc etc. And buy the old dear some flowers....

 

 

You state the accident happened on your drive way, why was this lady on you private land ?

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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thanks fo the advice

i feel realy bad about this

i dont want it to look than i am evading my responsabilities, than god i have insurance

i just feel i am being made the guilty party as she is about eighty and in an invalid scooter

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best thing is to contact your insurers immediately, report it and leave them to sort things out. You can usually repay your insurers so it won't affect you premium (having protection does NOT mean that your premium wont rise) or offer to pay the old dear yourself, but be wary of settling privately - pay to repay your insurers or hers if you wish to do so.

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I am An Engineer for a company that sells scooters and i repair and service them.

If she has the relivant insurence then yes she is covered, but if the case came to court could she really prove she was travelling at 4mph?

The only way she could prove it is if her scooter is class 2,

any thing such as a Pride celebity x, Shoprider Soveriegn 4, Pride Go Go ect.....

If she was riding something like a Sterling Diamond, Hill climber or celebrity XL8 it would be very hard to prove.

If you can remember what the scooter looks like then check out the following companys websites...

Pride Moblity

Sunrise medical

Scootertech

Roma medical

Medicare technology.

Hope this helps in someway.

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I've heard from many people that the Cap One card (I have one) does not get increased unless you abuse it. As I always pay the full amount every month (sometimes even more!) I've never been able to test this however, I've also never had an increase either, despite paying back more than is on the card a couple of times! :D

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Youre right about the credit limits. These cards with stupid APR's - Classic cards - tend to be very difficult to get a credit limit increase on as they are the cards most likely to default. They tend to give the increases to people who have the more 'prestigious' cards ie Premier or Platinum where some of the limits are a bit stupid. (eg one of my family members who is permanently severely disabled and claims benefits, when she closed the account her credit limit was heading towards the 10,000 mark)

 

It is an automated process, the results of which should be held on thier system under 'automated CLI increase/decline' whether or not this will hold up on a sar, Im not sure as it tends to be under the 'technical' notes rather than the notes just about the customer. It might be worth asking them about this if they fob you off. (which they will, is it ERC youre dealing with?:D )

 

Pebs, the whole 'credit limit increase on 4th payment' should be the case. If you have used the card, and paid on time, kept within your limit, the credit limit will be increased by £100 on the 4th statement date. If not, call customer services and they will do it for you. They wont tell you it's £100 though if you do need to - you may need to play dumb here :D hope this helps!!!

THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!! :-)

THANK YOU SO MUCH FOR A FAB NITE LEE! xx

Sunderland 011008 - THE BEST BIRTHDAY PRESSIE EVER! 'Aww, it's your birthday! Happy birthday darlin!'

 

02 Apr 2008, 23:55

OfficialLeeRyan wrote:

i like that!! its simple and good and gets the fans involved aswell x x x

 

MY SUCCESSES -

 

1st Credit (Lloyds TSB) admitted no CCA, reply from OFT 130608, reply from FOS 040608, adjudication stage rejected but still no contact....

 

My mate (Littlewoods/Moorcroft)

300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.

070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...

140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT! :D

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when i came out of bankruptcy, the 1st thing i wanted to do was get a credit card!

not so i could start bashing the card again, but, to improve my credit rating.

 

cap 1 was the only company that would entertain me. £200 credit limit. wow. but the point was, when after a year or two i made applications for credit elsewhere, one of the questions always asked was 'do you have a credit card?' and the fact that i could respond positively helped me increase my rating.

i'm going back 6 or so years, and i still have the card with a limit of £2750.

having said all that, i can also say that iv'e never used it due to the high apr!

i'm pretty sure that they increased the limit without my requesting it.

 

bartymuv.

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Seems to be several threads merged together here:-

 

Finance Agreements

Can a court enforce agreements

Capital One

Need link to the Consumer Credit Act 1974

Accident with invalid scooter

Consumer Credit Act

 

All started by the OP

 

 

Where's a mod to unravel them???:)

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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