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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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Advice needed please - Misco double-charged for new laptop, unable to pay bills, pay cheque vanished into o/d


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Hi everyone,

 

I ordered a £400 laptop from Misco a couple of weeks back. They took the money out of my account twice, leaving me over £700 overdrawn two days before payday, with me stranded in a Portsmouth hotel having no money to pay for my room bill or to get back home to London.

 

In the end a family member had to drive to Portsmouth and pay my hotel bill. The hotel cost isn't a problem, but all told I've had to fork out:

 

- £60 for bank charges

- £50 for fuel for the trip to Portsmouth and back

- Two days I was unable to buy anything, so I had to borrow money for transport to get to work, food, etc

- Many, many hours of my time and even more of my relative's time wasted because I had to be rescued

 

Misco have refunded the second £400 they took off me, but can I reasonably expect recompense for the bank charges, fuel, and the time lost due to their error?

 

Any help would be gratefully received!

 

Many thanks,

 

Al

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  • 4 weeks later...

I may be mistaken but, two £400 withdrawls, to leave -£700, would have meant you only started with £100. That £100 was to be used to pay for 1 laptop and hotel bill?

 

Why couldn't the family member pay over the phone with a credit card. If you work away from home, why haven't you got a credit card?

 

Am I missing something?

 

Hammy :)

46 years at the pointy end of the motor trade. :eek:

HMCTS Approved Technical Expert and Independent Motor Trade Consultant

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It might not be the point, but it is a point. How can anyone help when it's not clear what the OP means.

 

Something is odd about the whole thing.

 

Hammy :)

46 years at the pointy end of the motor trade. :eek:

HMCTS Approved Technical Expert and Independent Motor Trade Consultant

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  • 1 month later...

I do understand exactly where you are comming from. I have suffered something similar myself so know only too well the disaster anything like this can cause.

 

I would definitely go after Misco, draw up a full list of what their mistake cost you in actual terms (with receipts if possible). It is not just the money situation but the distress and worry that something like this can cause.

 

Many of us live from pay day to pay day, with no fall back funding available and when you know your reasonable expenses, someone doing this to your money can cause an absolute disaster. Once the chain of bank charges starts, it is sometimes impossible to get back to the status quo, so remember to factor in all the charges you are expecting and most importantly give them a date by which this compensation must be in the bank, and inform them that after that date, more charges will be added by the bank and you will then add these to your claim from Misco.

 

Hope this helps.

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