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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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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O2 - Continued Billing After Termination


Befnal
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Back in August I wrote to O2 requesting that they disconnect my line at the end of the contract. At the end of the contract I changed my provider and thought no more of it until I received a further bill. I wrote again to say that I had terminated the contract and to send me a bill for any monies outstanding, yet still there was no response. i then received a second bill and a third then finally a letter stating that they had disconnected my line!

 

On several occasions I had contacted O2, each time getting no response. I now have a collection agency chasing the debt plus £80 'legal costs' and the threat of a Court Order. There is no way I'm going to pay this debt, I terminated the contract at the end of the term and that should have been the end of it. I full intend to defend this claim in court, but if anyone has any similar experiences or advice it would be most welcome.

Halifax

- Subject Access Request 19th June

- Statements Recieved (17 envelopes!)

- Preliminary Approach for £785 25th June

- Offer of £60!

- Declined offer and LBA sent 6th July

 

No response from Halifax

- Money Claim case filed 18th August

- Papers Served 23rd August

- Acknowledged 28th August

- Paid in Full ! 30th August

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Hi Befnal,

 

I too had a very similar experience with O2, quite simply, they are ****E!

 

I found my bills were often more than what they should have been, and every time I rang and queried them, they just said it was right because that was what the system said.

 

Eventually I decided to end my contract as I was actually outside of the 12 months at the time, so I rang them up and explained I was changing to another supplier because their service was overrated, overpriced and basically crap.

 

I received a PAC code to transfer my number to Virgin, and was told I would receive my final bill in 30 days times after the months notice, then I would need to pay the bill the following month, which would include any calls I made, at the time I was paying line rental plus any calls or texts I made.

 

Anyway, after I paid the final bill, I received another bill a month later, which of course I totally blanked. Now, I heard nothing more for around 3-4 months then I received another bill for another months service. The thing is, I actually received a total of 4 becase I also had an account for my girlfriend at the time.

 

This was around 3-4, possibly 5 years ago, and I have since noticed a Default from o2 applied to my Credit Reference, but I have never heard anything else from them, except a could of months later, like you a received a Line Terminated Letter. What a bunch of muppets, considering I had been using my number with Virgin for a couple of months at least.

 

I don`t really know what else you can do, because as I say, I have not heard anything since. I wouldn`t be surprised if I don`t start hearing from some CDA`s soon as the debt, if there is any will be coming to 6 years soon and will be statued barred.

 

Anyway, just thought I`d let you know of my experience with the might O2.

 

Regards and best wishes for Christmas.

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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NP,

 

Thanks for that, it's nice to know I'm not the only one who has problems with these people!

 

Take care and a have a great Christmas yourself.

Halifax

- Subject Access Request 19th June

- Statements Recieved (17 envelopes!)

- Preliminary Approach for £785 25th June

- Offer of £60!

- Declined offer and LBA sent 6th July

 

No response from Halifax

- Money Claim case filed 18th August

- Papers Served 23rd August

- Acknowledged 28th August

- Paid in Full ! 30th August

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  • 2 weeks later...

I've had exactly the same problem with 3, kept sending me bills and taking payment after I had terminated in writing. eventually stopped the DD and got some snotty phone calls and a letter from a DCA. all for £40.00 they went away saying they would return the debt to 3

 

Now have another DCA, CARS who have inflated the bill to £86 trying it on. I have all original letters and bills, so can happily show the termination letter and bills it refers to, even the balance at that time. would like to see what the DCA will claim the extra £46 is for if and when it goes to court

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