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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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Hi there - advice please?!


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Hi all,

 

Having recently taken initial action and then sent a follow up letter, I have been rejected pretty much out of hand. I am sure someone out there will be familiar with Robert Kernaghan, of First Direct. He is now citing "Part 2: Operating your Accountm Clause 6.9" at me. I have, in the past, complained about charges as unnecessary, over the top and wholly unhelpful to my financial cause. Naturally, these complaints have, for the most part, fallen on deaf ears. This rejection was sent, complete with details of the Financial Ombudsman for my 'perusal', though they do "accept this letter will not provide the response that (you) hoped for."

 

Has anyone else seen a similar letter and, if so, what would be my course of action now? Finding £150 immediately to begin the court proceedings is difficult, but if I must, then I must. I am convinced that I am in the right here and have no intention of giving up - any advice on this forum will be greatly appreciated.

 

Neil.

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Yes, we all got that letter. You can basically ignore their responses as they are ignoring your request for payment and trying to get you to go away by quoting mumbo jumbo bank legal speak. I guess some people must give up at the various stages otherwise why would they bother? If you stick at it, and do the court thing when you told them you would (cost £30 or £120 depending how much you are claiming) you should get it all back. After the initial court thing, their solicitors are currently sending letters offering you half, which you refuse and then they offer you the full amount the next day. I know finding the £120 could be a problem, but it's a problem worth finding a solution for.

 

Of course, there's always the risk that yours could be the one they decide to take to court, but if you follow the instructions on this site it should be OK. It has been for me (expecting the money back today!). I think every person thinks that even though it works for everyone else that it may not work for me, but I really don't think the banks want to be in court over this.

 

Good luck

Jeremy

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Hi, just ignore him and stick to the timescales, when their time is up fill in a moneyclaim online, really easy, HSBC solicitors (DG solicitotrs) will tell you that they are defending the claim, then they will offer you 50-60%. Tell them that you acccept this as a downpayment and will be continuing with the claim. They will pay up. This will cost them the 8% interest and your court fees over and above the initial claim, but they think that we aint got the bottle to fill in a simple on-line form.

How wrong are they.

 

Stick with the program soldier.

They will pay

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Thanks for the advice - decided it is worth spending the money in the first instance, as I am wholly convinced I am in the right. I have spoken to FD on a number of occasions actually citing the unfairness and have always been tossed aside, or asked to sit through 15 minute "financial appraisals" - sometimes I have conceded and gone through it, but have inevitably arrived at the other side no better off - on more than one occasion, I have had to fork out more for increased Overdraft limits!!

 

The whole thing stinks to me and I am more than happy to go to court, as I simply cannot believe what banks get away with. I still have debts incurred as a student due to the responsibility-free stance of the banks - it was almost "here's free money"!

 

Anyway, I shall keep this website updated. Thanks for the response.

 

Kind regards,

 

Neil.

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Excellent. They paid up for me last night! I would doubt you'd have to go to court, although I'd have been happy to go - along with the local press who I'm sure would have enjoyed it too. Still, I'm better off today thanks to the advice on this site.

 

I also recently had one of those financial appraisals. What a waste of time, they treated me like I was dumb. I'm not. The reason my account kept going over was because I didn't use it much (I'd moved most things elsewhere where I had a business account since they don't do those and transfers are quick in the same bank) and their charges made there be less money in it than I'd thought. It was their attitude to me that ended up in me finding this site. Serves them right. They also took away my card because I refused to have my salary paid into my FD account. I sent them an electronic message today (now they've paid up) asking if they are going to re-instate me or should I take my business elsewhere! No response yet.

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