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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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H.O.L Test case appeal. Judgement Declared. ***See Announcements***


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Thanks jowalshy i will have a look tomorrow bit late now got to make the wife a cup of tea and a biscuit;) before we go to bed.

Also thank you tonycee for your info i'll do the same tomorrow you're a purrrrrfect gent:) .goodnight.

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The banks are admitting it's a service which falls under UTCCR reg's even though they have made it quite clear in the past it's a 'breach of contract' to the customers.

 

They are saying though because these services are packaged all nicely together for every man woman and child they don't apply. They say it's because people have a choice on how they use the package. (Dear Bank, did you let me know about all these other packages that exsisted at the time of opening the account or at anytime to the point of me writing you a letter?)

 

Mis-Selling.

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Hallelujah! Now they are addressing the important bit. Now what I'd like to see examined is a simple "yes or no" Do these "services" generate a profit?

 

If yes, then does this confirm that thousands of written defences for cases currently in the system, that claim that the charges are to cover admin costs are untruthful? If not, why not?

 

How do these "services", in terms of cause & action, differ from the old system of "to cover admin costs". This comparison should be made imo because whilst there are active cases still being defended with the "to cover our costs" argument, they are entirely relevant to this case..

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Penalty Charges has someone posting an update more or less daily, and MSE also sent someone (but not sure if it was every day or not, I think maybe not). Both of these are by members of the public, not legal people or trained to report objectively, so whatever you read will be a personal view of the reporter, with all it entails in the way of bias, but you can still get a view that way. :-)

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Hi Mr Moderator/Bookworm, now that avatar looks really like a Bookworm ,instead of a snooker player;) (hope you have a sense of humour life is too short hey?) Anyway thanks for the info on your last post shall be onto it as soon as have finished this post ,cheers matey..

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Cheers freakyleaky, having only been a member on the site for only a few weeks there was nothing in any of the posts I have read to assume the Bookworm was female so I appologise to Miss or Mrs Bookworm for my apparent error.Incidentally I know plenty of women that play snooker with or without glasses;)

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You'd be wrong, as we speak, I have half a wild salmon with coconut milk, lime juice, pepper, chilli pepper, ginger, garlic, tomatoes in the oven, should be ready in about 10 mns. First time I am trying the recipe. :-)

 

(Now we're REALLY off the OFT case topic! :lol:)

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The test case arguments are drawing to a close and the hearing is likely to be over by Friday. No sitting on Thursday.

 

Today, Counsel for Barclays in particular raised with the judge the issue of stayed cases. It was pointed out that many of the stays which had been granted were due to expire at the end of the test case hearing - which is likely to be on Friday.

 

Unsurprisingly the banks were concerned that the stays would automatically be lifted. The judge took this on board but instead of making an order, he commented upon the need to be even-handed about the matter and said that he would reflect on the issue and decide what recommendation he might make to the County Court judiciary.

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Im still quite frustrated that the "to cover our costs" defence is not being examined. I'm sure there are thousands of cases in the system that have been stayed where this was still the written defence. If they were stayed because of the test case, then they are relevant & should have been examined imo.

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:D come everypeeps lets wish the OFT good luck, I hope that "bullying big brother" gets a slap just where it hurts. Banks and other financial institutions are uncaring,profit chasing, bas****s who dont care who they hurt or stand on just to squeeze a bit more profit from the masses.

 

ooops get down from soapbox and hides in corner:o

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Yes, it could be part of their further investigation if they were given power to make the ruling, but I believe that this method of defence should have been looked at in this test case. It would have shown the judge and the world just how blatant bankers have been in trying to dodge the law..

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