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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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Part 36 offers**W


andrew1
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Hello Andrew1!

 

If you can, I'd seek some independent verification that the email was actually sent, such as via ISP Server Logs etc.

 

i.e. from their ISP, and then speak to your ISP to see if their Server Logs show an email being handed over to them at that time and from the IP of their email Server.

 

If you have any emails from them at all, you may be able to view the email Header to see the Routing, and from that you can see which ISP they may be using from the originating IP, or which ISP it was first routed to if they have an in-house Mail Server.

 

Some bankers think email is handy to pretend they sent something, but the audit trail that can be possible will soon disabuse them of that delusion.

 

You can start this by having a good look at any emails you do still have, and see if the Originating IP numbers point to the same place every time, or if they may've changed their facilities at any stage between then and now.

 

For example, if I send you an email, it goes from my Email Server, to my ISP, then will bounce around the Web until it reaches your ISP's email Server, who will then hand it over to your PC...either via your PC Polling their Server, or a direct feed in.

 

IOW, if they say, look, our ISP (Demon) says we did send you the email.

 

Then you come back with:

 

Hold on, the ISP you claim to have confirmed this (Demon) was not the same ISP you were using at that time (BT), plus my ISP (Eclipse), says they never received any emails from BT or Demon on that day and at that time.

 

...then it could all start to look a bit sideways for them!

 

But the key is to try and get what information you can from them, and then cross-check that with your own ISP to fill in the blanks.

 

If your ISP is able to say no email was handed over to any of their email Servers at that time and on that day and from that IP, then that could sink any claim they make to have sent you the above handy email.

 

Cheers,

BRW

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Hello Andrew1!

 

Excellent.

 

Never give in. Never give in. Never, never, never, never - in nothing, great or small, large or petty - never give in, except to convictions of honour and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy.

 

Winston Churchill

Cheers,

BRW

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