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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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cooper v abbey ** WON **


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  • 3 weeks later...

heard the talk about claiming for over the 6 years and i would like to know if possible please what everyone thinks the chances of doing this is.

 

also, if i decided to do this with the abbey will i follow the same plan used previously except changing a few dates or is there a different approach needed for this.

will this also work with credit cards over 6 years and mortgage charges.

 

thanks

 

craigycoops

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heard the talk about claiming for over the 6 years and i would like to know if possible please what everyone thinks the chances of doing this is.

 

also, if i decided to do this with the abbey will i follow the same plan used previously except changing a few dates or is there a different approach needed for this.

will this also work with credit cards over 6 years and mortgage charges.

 

thanks

 

craigycoops

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  • 1 month later...

hi

could someone please tell me if people are starting to claim further than 6 years and if they could put me in the right direction for any threads.

i settled my initial 6 years with abbey, and as i was still paying my overdraft off, they settled that first for me.

for the last 9 months or so i had an agreement with them that i would not pay interest with them so that i could clear the overdraft quicker.

when i settled i wrote to abbey to close the account and i have just recieved my statement to say i have incurred interest. i dont use the account and i dont have access to the account and when i explained that i was not paying interest and i want to close the account the reaction i got was basically "tough".

i explained that if they start putting charges on then i will start reclaiming all over again so is it worth it and she told me "its up to me"

seems to me that they never learn from their errors

 

craigycoops

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  • 1 month later...

hi everyone,

not been able to post much recently,

just been reading up about claiming for more than 6 years and have just sent my subject access request to abbey to get all my statements from when i opened my account in 1987 (hope they go that far back), and then i will put in a claim for these charges.

 

good luck everyone

 

craigycoops

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  • 2 months later...

hi all.

have taken over this thread from my husband (working away at moment) and have decided that we should try to claim back everything (i hope!!) from when we opened the account in 1987.

we succsessfully claimed the first 6 years and we now sent the data protection letter giving 40 days etc for all statements from the account opening to aug 2000.

all they sent us was 12 months of statements for the years 2005/2006. obviously not what we asked.

could someone please tell us if we now go the normal route of giving them 7/14 days or else or is there a different approach as it is pre 6 years.

 

many thanks for any advice

 

nc

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