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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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LittleMissFoolish vs CapOne


LittleMissFoolish
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  • 1 month later...

Well my 40 days are up on Friday and I have not yet recieved my statements from Cap 1. I recieved a holding letter acknowledging my request about a week after sending it, but no action yet. What do I do if they have not sent my statements within the 40 days.

 

I am really keen to get them and start!!!!!!!!!!!!

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  • 4 weeks later...

Eventually I recieved my statements and sent my first letter on the 12th September. My LBA was due to be sent on 26th September, but I have been out of the country for the last week, so haven't had a chance yet.

 

When I got home last night there was a letter waiting for me with the standard 'we believe are fees are fair', 'you signed the contract' but 'here is the difference between £20 and £12 for your claim offer'. I have claimed for £1050 and they are offering £414.

 

I am nervous about all the cases going to the Mercentile Court and worry that if I don't accept this I may risk not getting anything for along time.

 

So what do I do now?

 

1 - write my LBA and include a paragraph acknowledging their offer but only accepting as a partial settlement (is there a standard paragraph for this).

 

or 2 - accept the amount offered and whilst substantially less, it means there is no chance of the case going to moneyclaim and then being transferred to the Mercentile Court and me not getting for a long time and after a lot of hassle?

 

I am not a total wimp at this (I was succesful for a considerably larger claim against HSBC recently) but htis new turn of events is really worrying me.

 

Cheers,

LMF:confused:

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  • 1 month later...

Hey Guys,

 

Just to let you know where I am at....

 

Mcol for full amount (aroun £1300) went in on the 17th October and acknowledged on the 20th October. Haven't heard a peep from them yet and starting to get impatient as others are paid out around me. Finger nails dissappearing each night....

 

Quick question - do Cap 1 contact you directly or do they go via lawyers (this is what happened with my HSBC claim)?????

 

LittleMissFoolish

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Hey Guys,

 

Just to let you know where I am at....

 

Mcol for full amount (aroun £1300) went in on the 17th October and acknowledged on the 20th October. Haven't heard a peep from them yet and starting to get impatient as others are paid out around me. Finger nails dissappearing each night....

 

Quick question - do Cap 1 contact you directly or do they go via lawyers (this is what happened with my HSBC claim)?????

 

LittleMissFoolish

 

I got to the same stage with Cap one dont worry they will pay the claim in full soon. Its to see who blinks first. They contacted me direct with the full amount.

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