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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
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    • 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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Great, now this came through the door and I keep getting calls on my mobile (which I ignore). Sorry I don't know how to make the images bigger but it's a standing order thing along with a threat of doorstep visit.

 

Even though they said on the first call (see previous post) that they have an agreement now - I have still had no sign of it.

1scr16octrecd20edit.jpg

Edited by stabradop
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Thanks fiftypence

 

Should I send them the harassment by phone letter as well, they have already called twice today.

 

Definitely!! Put as many obstacles in their way as possible to put the balance of power on your side. Everything in wriing that way they can't lie, they will lie of course but at least you will have the evidence ;)

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  • 2 weeks later...

Ok, there is nothing linking these ilegible items. If that's as good as they get then they're not valid to to being ilegible. The first page of the alleged CCA has 'page 3 of 6' at the bottom but the second page has no numbering. Where's pages 1, 2, 4, 5 & 6? The T & Cs page could relate to anything!

 

Send then the account in dispute letter adding that what they sent you isn't linked and is ilegible!

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Thanks for the reply

 

They all came together in the same envelope, obviously I removed the personal details and the signatures for security reasons. Additionally the address on the agreement was one I had left 9 months previously and the signature wasn't the one I use on personal documents.

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Yes, once I get my driving licence back from elsewhere, it is markedly different. The siggy on the agreement is very similar to the one I used to use on work reports and in any case the address was an old one, not too sure how that came about

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Yes, once I get my driving licence back from elsewhere, it is markedly different. The siggy on the agreement is very similar to the one I used to use on work reports and in any case the address was an old one, not too sure how that came about

 

An argument that "this is not my signature" is as old as the hills and most opponents will assume that any such protest is an attempt to deny responsibility for whatever the signature is for

 

the only way to make the other side sit up and take notice of your protest (and therefore obviously you must be 101% sure that the signature referred to is NOT yours) is to suggest that if they doubt the seriousness of your proposition you intend, should they proceed to litigate, to send the document for independent forensic examination.

 

You would point out that this procedure is expensive, but such is your certainty that this signature is a forgery that if they are not prepared to accept this as not being your signature , that you are prepared to stand these costs in the sure and certain knowledge that you can reclaim these costs from them

 

i had this situation once in a commercial contract and the other side withdrew PDQ

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