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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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Bailey1957vBarclaycard closed account


bailey1957
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Now this m is a teaser, I have a close on that account they paid me 44 in bank charges . However they put the 44 as a sale and i told them that they had made a mistake. However they are now charging me a late fee and a fee for going over my so called limit. However many times i ring up nothing happens. I have now got a letter saying that they are srending it to a debt collecting agency. I am not doing very well , this is a closed account and i have no card either. need help please.:confused:

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Hi Bailey

 

My personal feeling is to make all future contact with B/card by letter; as you have discovered, talking to them does no good.

 

Can I just clarify what you are saying in your post? You have had a return of penalty charges to the amount of £44? and now you are being charged a further amount? Send a prelim letter for the return of whatever they are charging you in penalty fees by first class recorded delivery and watch them pay you back!!

HTH x x

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Yes i am saying that i have had two barclaycards one has been closed for over a year. On this account the penalty charges were 44 they said they would pay up. But instead of sending me a cheque they put it on this closed account statement as a sale and then credited my existing barclaycard for the 44 . Still with me! But them they did not take the 44 as a sale off my closed one. They agreed that it could not have been a sale as i did not have a card anymore, But still putting late fees on it and over the limit charges. So now it stands at nearly 100.

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Hi Bailey,

 

I believe they DO have the right to offset the credit for unlawful charges on your old a/c against the balance on your new a/c.

 

However, they have obviously screwed up re your old a/c which should now show a NIL balance.

 

As Paintball says, forget calling BC and send them a letter by Rec'd Del'y pointing out that the closed a/c should show NIL and ask for their written confirmation that this has been sorted.

 

If they persist in harassing you about this incorrect balance, you can use this legislation to warn them off - http://www.consumeractiongroup.co.uk/forum/general-debt/55579-oft-guidelines-debt-collection.html

 

Write to them pointing out they are in breach of Sections 2.8, (i) & (k) of the OFT Debt Collection Guidelines and, if they continue to harass you about this, you can complain to your local Trading Standards Office and to the FOS (which will cost them !).

 

Slick

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