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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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Paid in error by agency?!?!


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I have a little problem with an employment agency...

 

At the start of this year I was made redundant and signed up to several employment agencies including the one in question.

 

I recieved a phone call from this agency in May saying they had "mistakenly paid £241 into my bank account" and "while it is our mistake we would like this money back"

 

I checked and the money was in my acc. I also recieved a wage slip stating this amount and that I had paid tax and national insurance.

 

For better or worse I used this money to pay towards some of my bills that had built up over the 4 months unemployment. The state of things now is this: I have recieved a letter apparantly from solicitors demanding this amount back by the 28th or proceedings will be comenced.

 

My attitude is that I have never worked a single day for them, I never asked for this money and as it was their error dont see why I should pay. Legally where do I stand and what is the likelyhood of other agencies giving me the cold shoulder in the future?

 

Thanks in advance!

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Legally where do I stand

 

Theft Act 1968

 

I think the above clears up where you stand legally. It's not your money. End of.

 

 

You need to pay it back. If you can't afford to pay it back in one lump sum you need to make arrangements to do so. As they originally asked for it back two months ago I suggest you do this sooner rather than later.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You have to pay it back.

 

It is not yours and will 'never' become yours.

 

I wouldn't worry too much about other agencies giving you the cold shoulder, I would worry more

about a court summons if you refuse to repay it.

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I would acknowledge what has happened and offer to pay them what you can afford in istallments.

 

But, as everyone else has said. the money wasn't yours and must be paid back.

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Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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