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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
      • 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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MBNA won't accept written correspondence only...


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Lexis, as Maz has said, everyone has to tackle things in a way that suits them. Fighting creditors and DCAs is a long hard slog. There are far more important things in life as you have said with regards to your family.

 

If making the payment is what you want to do then make it! Make the offer again in writing with a request to cease adding interest / charges and make the payment at the same time - preferably through online banking. If they allow the payment to stay in the account, then they are as good as saying it's ok. If they continue to be unreasonable, keep making the payments but complain to them formally. When they carry on being unreasonable complain to FOS.

 

I'm sorry to hear your dad's are unwell. They certainly deserve your time and energy. Make sure you look after yourselves too x

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Woah mrs! Let's take this one step at a time.

 

With regards to the S.A.R you do need to wait until the 20th at least. All my hub's info came albeit a little late.

 

When you make your complaints, try to keep them factual as opposed to emotional. When i write letters i also think what would a 3rd party ie FOS think if they read them. I want them to think i have been clear but polite and am basically an angel :p who's not making gut reactions.

 

You could write something along the lines of thank you for your letter dated blah which was received by me on blah. However, in accordance with OFT Debt Collection Guidelines further action should not be taken on the account whilst it is dispute.

 

I have previously made a formal complaint which allowed until the date for a response. I am disappointed that this deadline has not been met. I will allow a further 7 days. If a response is not received by then i will have no choice but to escalate this complaint further to the FOS.

 

This is very rough and just a skeleton. I wouldn't mention the S.A.R as that will be a seperate issue. They know you've requested it, they know the deadlines.

 

As i said, keep it simple. We don't want to make this complicated for them ;)

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I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Thanks Hopeful - just really peed off with them now and getting ahead of myself.

 

I did a bit of checking around after drafting the above, and found out that I should leave them 8 weeks to respond to a formal complaint before escalating anyway, so I'd have to hold of on the FOS for a minute as they still have a bit of time (working to that scale).

 

The bits regarding no responses from any member of staff, not sending the correct info etc were bits I added in order to show I'd given them every opportunity to reply, but I'll have a bit of a re-think before re-drafting.

 

For the time being though - at least until their 8 weeks is up, I'll use your suggestion and make it short and (not so) sweet.

 

Lexis :)

 

They are frustrating. I'm very stubborn though and don't like to let people know they are getting to me. At the end of the day they have no care for our lives, we're just an account number.

 

Thank you for the click, hun. I can only share ways i have / am handling my numerous debts! Am orff again, little one had me up at 4 and he never went back to sleep - it's been a long day :eek::p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Woo-ooo someone's been busy :p

 

That looks fine to me ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Woohoo, I'm double blobbied!!!

 

Thanks Hopeful:D:D:D

 

You're welcome! Enjoy your break double blobbie ;):D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Nuts.

 

I've just realised I messed up the dates for the S.A.R - (Subject Access Request). I sent it on the 16th, they got it on the 17th so it doesn't need to be here until the 27th.

 

I have no idea how I came up with the 20th! I'm just glad I took your advice Hopeful and removed the 'your time's nearly up' bit that I had in one letter - I'd have looked a bit of a plonker if I couldn't even work out my own time scales!!

 

:D lol

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 2 weeks later...

RMW is very good at showing how to do a complaint.

 

You need to think what your original complaint to them was. What did you want the outcome to be? Did you state what you wanted? Have they me those demands?

 

If the answer to those questions is no, then that is the basis for continuing your complaint. If you now have a grievance regarding something else then it is a seperate complaint ie start again!

 

My feeling is that your biggest grieveance is that they will not accept your repayment offer in writing. IF they are refusing to do this and are continuing to add interest and charges, i would be inclined to make a complaint to FOS. State they are being unreasonable and making it impossible for you to repay the debt with continued charges, interest and so forth. Include evidence of the letters you've sent and payments made. Also include the threatening letters from MBNA which are causing a great deal of distress - ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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hehe:D Might need a coach just for me with the amount of After Eights I've eaten tonight. Oh yes, it's quality chocolate for me...:D

 

Ooooo you're so posh!!

 

Maz is right it is best to send seperate letters for each account / complaint otherwise things could get very messy!

 

Just remember what i said before about keeping each letter / complaint focused and not emotional. Show yourself to be the most reasonable person in the world not the chocolate wielding frustrated woman that you are :p;)

 

I'm not around as much as got a lot going on, but i will keep looking out for your updates. You've got some good support from Maz and AA though.

 

Take care hun :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Lexis :)

 

You're letters look fine although only had a quick glance. Make sure you send copies to FOS and let MBNA you are doing that as the account is in dispute.

 

Once you receive your letter from FOS with a reference no. i would actually not bother responding. I, in the past, have just written to say something along the lines of......as previously stated this account is currently in dispute and is being dealt with by FOS. Please refer all correspondence to them using reference no. *BLAH*.

 

Again i've sent copies to FOS. They shouldn't be contacting you let alone harrassing you once FOS are looking into it.

 

AA - there's something on the site about court buddies. I haven't got time now to look for the link though, sorry :oops: - it may be around the bank charges forum x

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I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hello to the chocolate lady :D

 

When BOS finally get around to writing following the same principle i discussed earlier - reply acc is in dispute, all correspondence being forwarded to FOS, 'ere is refernce, now bug off...you get the idea! :lol:

 

If you have time to fill you could complain to the OC about passing the acc on when it is clearly in dispute.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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