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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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Legality of Virgin Media traffic management policy


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@those who consider 1TB to be too much for a "residential" customer to download..

 

What about if someone watches BBC iplayer all day... or, in this day of multi-PC households, several people are watching several different programs simultaneously, continuously, as well as downloading service packs, patches, full unix/solaris OS dvds, voip and video calls, plus commercial VoD services?

 

A 2mb dsl service has the capacity to transfer 700GB a month, assuming uninterrupted 24/7 operation over a 30 day month.

 

An 8mb service equates to 2.4TB a month (2TB in reality). ADSL2+ upto 7TB (6TB in reality). 50MB cable? 12-14TB? And what happens when 100mbit is introduced? In excess of 20TB?

 

The problem with advertising "unlimited" and not defining "fair usage".

 

What is "fair" use of a shared network, which has been sold to you on the basis of full use of the available bandwidth on a point-to-point access technology? This harks to my first post here, regarding the "unlimited" decision.

 

Given the potential bandwidth figures above, what is the "fair use" of them, as a percentage?

 

Now, is that percentage figure a percentage of the possible bandwidth, or a percentage of what a given user can achieve?

 

To clarify that:- You answered "25%", for arguments sake. Take two users on the same ISP, paying the same tariff, on an "unlimited" DSL Max product. user A can get 8mb, so it is "fair" that he only transfers 600MB data a month (purely illustrative)... User B can only achieve a 4mb connection, limiting his monthly bandwidth to 1.2TB, and 25% of that is 400MB. Is that fair? Paying same costs for the same product but?

 

This is quite apart from what one is actually transfering. @conniff, you /appear/ to have fallen for the ISPs propoganda that anything above an arbitrary figure *must* be for downloading "illegal" films or "illegal" P2P use.

 

Why must they? Simply because you do not utilise your bandwidth in the same way others do, does not mean they are "guilty" of doing anything illegal or unlawful.

 

Should I ask how 1TB data = 10,000 films? According to so called scene rules the shortest a feature length film can be is 700MB (1 CD), = 1,200 divx films. ignoring the number of 1.5gb releases, you'd be hard pressed to find 1200 unique avi films in a month... Oh, and have you heard of HD? One is looking at 12gb+/film, 25Gb is not uncommon. And no, it doesn't have to be a pirated source either.

 

Apologies for overly long post. My own feelings, as an industry insider, is that the UK ISP market and the telcos have only themselves to blame for this problem. The warnings were sounded inside, long long ago. No one wanted to listen.

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Apologies, I just wanted to add another thought.

 

The telecomms industry classifies "fair usage" in two entirely different ways.

 

insofar as the PSTN is concerned, it is measured in connection time. Remember the fracas over Freeserve's "unlimited" internet over dial-up? It cut you off after 2 hours as people were hogging the access servers.

 

insofar as dsl is concerned, they have moved the goalposts. It is no longer connection time (ok, it is an always on technology), but data transfer, e.g. bandwidth usage.

 

This is another reason I'd really like the meat and bones of the "unlimited doesnt mean unlimited" decision.. I'd love to know how telecom savvy the plaintiff/solicitor was in that case.

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