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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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Hannah8686 VS firstdirect WON!!!!!! :->


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hiya.

 

I know what you mean about the step by step guide - it can get very confusing and the martin lewis moneysaving expert step by step guide is different so when when i did mine i adapted it slightley.

 

When i had my letter stating to refer any complaint to Robert keranaghan i did send the LBA straight away - (others may tell you to wait but i took it that they they were not gonna pay so i refered it to him)

 

In my LBA as soon as they wrote back saying that they would not pay and the matter was closed i filled my moneyclaim straight away so in total it was about 20 days after sending my first letter that the moneyclaim was filled instead of the 28.

 

 

They say give 28 in total so if it goes to a court hearing you look resonable. i figured that they have neve gone to court yet and they had settled higher claims than mine before a hearing.

 

with the two claims if they reach over 5000 before interest is added then i would do two seperate moneyclaims for them when it comes to it as otherwise it wont be through the smallclaims and will cost you about £750 in court fees i believe, also if it does go to a hearing you could be liable for there costs aswell.

 

what i would do is send two seperate LBA's - one for each account

 

then submit two seperate moneyclaims - not at the same time

 

if you seperate the two claims then each will cost you £120 each (it will be refunded when they pay you back) and they cannot claim there costs back if you lose.......................you wont lose thou

 

 

that way you will get all your money back

 

hope i havent confused you even more - if you need me to explain any points let me know

 

;-)

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just checked online and my account was credited the day after i sent them the letter Yippee!!!

 

 

Shame i didnt check sooner really as they would not let me transfer the money (my account is closed) they have posted me a chq - still waiting for the othetr to clear at the moment they said i should have it in the morning - thing about 1st direct is thatthey are quick at sending out letters - writing to me etc shame that there charges are so bloody high lolo

 

 

GOOD LUCK TO EVERYONE ELSE

 

 

I WILL DONATE WHEN I HAVE CLEARED FUNDS !!!!!!!!!!!!!!!!!!1

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Thanks for your help with this , todate i have sent everything seperate for each account and i will continue to do this with the moneyclaim, they have until the 18th aug to respond to the LBA. Tell you what though i would never have got this far without this site, real POWER TO THE PEOPLE stuff. My account is also closed as off today they rang me with that news tonight (great) but again thanks to this site i have a new account set up.

Will keep you posted regarding the claim, and congrats to you on your win.

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