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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 
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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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GMAC - Help pls, what do I do now....!


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Hi Hope you can help me....Im claiming just over a £1,000.00 in charges from GMAC and have just received their final response which basically states their charges are in line with their Tariff of Charges and that their charges are not disproportionally high (I think a £50.00 arrears fee and £30.00 unpaid DD is high) and are therefore justified!!!!! Do I now go to the Financial Ombusman or the Courts and if so what do I need to do. Any help greatly appreciated. :confused:

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If you have received their final response, I would involve the FOS and would also consider starting a claim to get this money back in the same way as you would any other charges you feel are unlawful.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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..Im claiming just over a £1,000.00 in charges from GMAC and have just received their final response which basically states their charges are in line with their Tariff of Charges and that their charges are not disproportionally high.

 

Of course they would say that.

They dont want to give you your money back.

 

(I think a £50.00 arrears fee and £30.00 unpaid DD is high)

 

I agree with you. Have a read here.

 

Do I now go to the Financial Ombusman or the Courts and if so what do I need to do.

 

Only you can choose which.

 

The FOS are taking 22 days just to answer your complaint FOS and over 12 weeks to resolve it.

 

If you choose to go the court route send GMAC an LBA here detailing your demands.

 

They have 14 days to reply.

 

If you go the court route, you must show that you have taken all reasonable steps to allow them to repay.

 

If after 14 days you want to go the court route, you download an N1 HERE

and submit it to your local court.

 

 

If you have received their final response, I would involve the FOS and would also consider starting a claim to get this money back in the same way as you would any other charges you feel are unlawful.

 

The FOS will not deal with your claim once you have submitted at court.

 

Any probs just shout.

 

Good luck.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Tonycee, thanks so much for your response and well done, it certainly has given me hope. I have already done the LBA (got this from Martin Lewis site before I discovered this site) and a letter 14 days after that stating I would be taking further action unless they complied to my request for a full refund. GMAC have replied as a "final response" detailing above. Im really tempted to go the Court route as doesnt look like it actually gets to court, although know I shouldnt presume. Can anyone tell me if they have ever won against GMAC pls and whether it actually went to court, what time span and how they did it.

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Hi I reclaimed 7 x £50.00 Arreaes fee and 3 x £10.00 non payment by D/D from GMAC did this with the help of Financial Ombudsman Service

 

Letter sent to FOS 7 August 2007

Full and final Goodwill gesture for the full amount 20 October 2007.

 

January 2008 successfully claimed back MEAF's Mortgage Exit Administration Fees

 

good luck

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Gmac are paying out if you persue the claim you can go to the FSO or through the courts have you told GMAC you are going to the FSO it might move them on wards Im waiting to hear about my claim

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