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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Foreign currency problem...


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Please please please help me with this problem - I need your advice.

 

Here is the main text of an email I sent to a company that sells foreign currency:

 

"Dear Mr CENSORED,

 

 

As you can see below, on 14/10 PERSON mistakenly advised me that this currency was due to be delivered on 14/12.

 

I was in Thailand at the time, but advised my mother when to expect the parcel with said cash inside – on or around 14/12. She took delivery of a parcel the day after this date.

 

This was given to my father who visited me over Christmas.

 

Only the parcel was a book I’d ordered from elsewhere. The actual currency was delivered ten days before – and had been held in the post office until the 17th – that da my father arrived in Thailand, and the day I called my mother to chase up my missing money, and she went down there and picked it up.

 

On checking my emails, I found a confirmation email from yourselves, detailing the correct delivery date. I therefore assumed I had made a colossal mistake.

 

But it was your colossal mistake, I have discovered over the weekend – from the forwarded email. You did not send me this contract until months after the order was placed, as you should have. You sent out a confirmation immediately when I ordered £1000 of travellers cheques from you later on.

 

This left me with the problem of getting the currency to myself. I needed it for the first week in Australia as the travellers cheques were to pay for a yoga teacher training course. And converting it to pounds in the UK, and then back to Aussie dollars, two months ago, would have lost me £250 value in the money.

 

So I had to arrange for it to be sent by post, and take responsibility if it went wrong, as it was my fault.

 

It was sent to my address in Thailand, but did not arrive before I left. The Thai lady in the hotel has sent it on in a pre-paid box I left her, but that was almost four weeks ago, and it has not arrived. The hostel it was sent to have not taken receipt of it, and I am currently waiting for the proof of posting from the Thai lady who sent it from there. But she is trustworthy and I know she isn’t lying.

 

I have been completely stressed out for two weeks, especially as the Thai postal system shows the parcel as ‘accepted for delivery,’ but there is no way to actually trace it after it is sent.

 

I then discovered your email today – and am now so relieved. It was your mistake that created this ****ing sorry mess, not mine, and so you have to pay for it.

 

You will need to send me $4440, in Australian travellers cheques, to the following address:

 

CENSORED

 

Please do so immediately, or I will have to forefit my pre-paid yoga course, and return home early on a new flight. This will add at least double onto what you owe me, and will result in further costs when (if I have need) to instruct a solicitor to take up my case in court.

 

Sincerely,

 

CENSORED"

 

I waited two weeks for a reply. Nothing. Then another week after emailing asking for their response. Nothing.

 

Called yesterday. The person who sent this email above, was dismissed four weeks ago. But they are not checking his emails, or sending emails out to tell you he is no longer there.

 

The manager has told me I don't have a case, which is codswallp. He suggested "some kind of compensation" before I ended the call, totally distraught.

 

What should I do?

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Inclined to agree. Their liability to you would be limited to delivering to you the funds that you had arranged. Arranging hese things by remote controle is fraught will difficulty (as you have discovered) and whilst I'm sure they will apologise for your stress and inconvenience, it really isn;t their problem, as they provided the service you asked for.

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But their website clearly details that they cannot be held responsible for consequential loss "if the currency is delivered late on not delivered." This currency was delivered EARLY.

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That's immaterial I'm afraid. An early delivery would be viewed as an advantage. Stating that they are not liable for delayed or late delivery is simply ensuring the purchaser is aware of the issue.

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