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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 
      • 81 replies
    • 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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Recommended Posts

How does one deal with an accident claim tout that failed to deal with a claim effectively then passed the details onto a solicitor who was then taken over by another firm of solicitors who then passed the claim onto another firm of solicitors

 

Its the final firm of solicitors chasing up a client and i need to find out how to get the full details with a subject access or CCA of the original complaint which i have been explained was originally on a no win no fee promise

 

I dont want to leave it for them because ineveitably it will lead to court proceedings and potentially being found in the solicitors favour

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How does one deal with an accident claim tout that failed to deal with a claim effectively then passed the details onto a solicitor who was then taken over by another firm of solicitors who then passed the claim onto another firm of solicitors

 

Its the final firm of solicitors chasing up a client and i need to find out how to get the full details with a subject access or CCA of the original complaint which i have been explained was originally on a no win no fee promise

 

I dont want to leave it for them because ineveitably it will lead to court proceedings and potentially being found in the solicitors favour

 

This isn't anything to do with supplying credit so the Consumer Credit Act (CCA) won't be relevant.

 

You write to the solicitors or claims tout as appropriate requesting all the information they hold about you under the provisions of the Data Protection Act 1998. There is a statutory fee of £10.

It is a good idea to list explicitly those items that you particularly want such as the original agreement, memoranda, filenotes, notices, correspondence, telephone etc. Think of everything you might find useful and include it specifically on the list. Then add on a 'catchall' clause for 'any other information or records'.

 

There is a template letter in the templates library here but it isn't particularly relevant for your situation because it is intended for use in obtaining statements from a bank (a major part of CAG's raison d'etre is for guiding members in reclaiming bank charges). But you could adapt it as appropriate.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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