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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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/Choice Complaint


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Hi pregnantone,

 

Can you tell us the name of the hotel?

When was the holiday? I ask because if it was very early/late in the holiday season, they are likely to be covered by the brochure T & C's. Many TO's state that if you are holidaying early/late then some facilities may be closed. For example, here in Cyprus many of the hotel pools close during our 'winter' season, Oct-April.

 

If this is not the case and the loss of the closed facilities had a major impact on the enjoyment of your holiday then I would take it further.

 

Did you complain to your rep or contact the local First Choice office in resort? This will help with your claim.

 

TO's pay a certain amount per person per day for the loss of advertised facilities so you should certainly be able to recoup something if you are prepared to go the distance.

 

Was there an indoor pool? Was every bar really closed? I wouldn't expect this from a 5 star hotel and find it rather bizarre.

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Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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Hi pregnantone,

 

I found this in the T & C's on FC website:

 

IMPORTANT INFORMATION FOR ALL DESTINATIONS

During periods of low occupancy, some facilities and amenities may be unavailable.

 

They have partly covered themselves with this but it looks like the hotel management made a decision to close some facilities early and did not tell them. I have seen this happen before here in Cyprus and it is a nightmare for the reps and the TO. They can't advise guests if they don't know themselves.

 

Did you report it to your rep or the local resort office while you were there?

 

Write again. Be clear and concise. Detail everything in bullet points stating what was closed/wrong and how it affected your holiday.

 

In cases like this, where the hotel is at fault, TO's make a claim against the hotel and any recompense paid to you is deducted from the account of the hotel.

 

You will have to be determined. TO's hope that you will just give up and go away.

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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