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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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Odd paranoia .....


Ripley2008
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I've just managed to persuade my friend to claim her charges back, after almost two years of trying. The final nail in the coffin is that last week they refused to pay her mortgage because it was £3.00 short. The payment was due on 31st Dec, their charges were due on 2nd Jan, they took those early instead.

 

Now, here's the odd thing, and to be honest, the bit that is worrying me! During the time that she has been having difficulties she has approached her bank many times asking for 'help'. Each time this has been refused, saying basically that she got herself into this mess, she should get herself out.

 

Over the past weekend I've printed out her Subject Access Request letter all ready. As she was going to the bank this morning to find out why her mortgage had not been paid, as explained above, I told her to get a PO, for the statuary £10.00 and hand the letter in personally (ensuring she got a receipt).

 

This she did, and also told the 'cashier/whoever' her intention to get another account elsewhere, to prevent this happening again. The cashier said, "oh, I'm sure there is no need to do that. Let me go and see". Upon her return she commented that there was no-one available at the moment, but she would get someone to call her. This was about 9.30.

 

Just after 10.00 she received a call from a person there asking a few questions and stating that he was sure they COULD help, by amalgamating her debts, and lessening the monthly amount. They arranged a meeting for Wednesday at 10.00.

 

Now, the bit that's worrying me, and call me paranoid but .... why? why all of a sudden are they able to help? When for at least the last two years she has been trying to get them to help?

 

Could it be anything to do with her moving her account or, even more sinister her request for Subject Access Request??

 

I'm so worried that she will go there on Wednesday and do something silly like 'sign' something that prevents her from claiming her charges back ...

 

Can someone tell me, am I being paranoid, or should I tie her to a chair and shine a bright light into her eyes until I brainwash her not to sign anything!!!

 

(as a post script, the option for me to go to the meeting with her is not there. I'm disabled and it's a huge task to mobilise me. Plus she tends to worry that I 'lose it' easily, and although I get the answers needed, she always feels embarrassed)

 

Hope someone can advise.

Regards

Rip x

 

 

 

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So they are going to help by combining all her debts into one loan funny they want to offer help now they know that she has some idea of her rights. I would bet that they will offer her more than the total of her debts taking her further into debt than before and with what I would now say would be a properly executed agreement. Help my eye.

 

dpick

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