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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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Test Case Facts & Fiction


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THE FICTION

 

 

 

1.The contention that the OFT ‘didn’t consult consumer groups’ in the run up to the test case is an uninformed myth. Four consumer groups were consulted including Which? and the NCC. Due to disclosure restraints, only ‘designated’ consumer groups could legally have been involved.

 

2. The Office of Fair Trading worked with the court service to accommodate public provision at the hearing and were directly responsible for securing the 75 feed room places, the vast majority of which were unused.

 

3. In the past year the OFT have put significantly more resources into the department handling bank charges and have moved more senior personnel on to the case.

 

4. To the horror of the British Banking Association ,late last year Chief Executive John Fingleton went on national television to describe bank charges as ‘’tricks’’.

 

5. The OFT publishes a newsletter to update stakeholders on the progress of their fight against bank charges, of which this site is a recipient.

 

6. Although it is not in the OFT’s remit to help individual consumers with complaints, it does use complaints to build cases against firms and it’s the volume of complaints that determines if an investigation should proceed. In the year before the OFT began it’s investigation into bank charges it received just 500.

 

 

THE FACTS

 

 

1. Contrary to popular belief, the OFT were not consulted about the test case agreement but were simply informed about it 24 hours before the announcement in letter on Barclays headed notepaper which gave a list of instructions on what to say.

 

2. The video feed room actually showed a mock up of the hearing which was performed by actors, many of which have appeared in bit parts Casualty and Eastenders.

 

3. The OFT department that handles bank charges has an annual budget of £10.50 and is run by a Lithuanian plumbing student on YTS.

 

4. John Fingleton, the OFT’s Chief Executive, is a puppet installed by the UK banking industry and is controlled from the basement of NatWest’s head office. If you look very carefully you can just make out the fine titanium wires that control the moving parts of his body.

 

5. The OFT’s stakeholder newsletter is a cynical ploy to give the impression that it somehow cares about consumers. The content is actually produced by the BBA and includes the odd word in Lithuanian to give it credibility.

 

6. All complaints that the OFT receives about banks are shredded and pulped onsite. There is a weekly pick-up from a recycling firm to dispose of it.

 

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