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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
      • 162 replies
    • 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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Are Tesco PF being truthful?


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i have been chasing Tesco's for credit card penalty charges.

i had a response back to advise that the amount that they have charged in penalty fees 'is in line with OFT findings' so my request to be refunded these charges will not be met.

 

Tesco's have very kindly sent me a statement showing the penalties applied to the account. £12.00@

 

has it been determined then that £12.00 is indeed a fair and justifiable charge.

 

i must have missed something:confused:

 

Regards

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They are talking rubbish, whilst the £12 fee is recommended, it is not an allowable fee and as such can be contested.

 

Any charge applied to an account should not be punitive in nature and should reflect accurately the costs incurred by the persona controlling the account.

 

Basically, they would have to prove to a court that your action (or inaction) of not paying on time, or whatever reason they are using to justify their charges has cost them £12, this would be impossible for them to do as it clearly doesn't cost them £12 to send a single letter. Unless the law is changed dramatically then they would lose every time

 

No precedent has yet been set on this matter, so anything they spout as being a legally allowable charge is complete twaddle

 

You need to clearly identify how much they have applied to your account, then go after them for a refund of this charge

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Thanks ever so much for the response Spamheed, really appreciated.

 

i am going after them for the penalty charges and the interest incurred.

 

what a bleedin liberty!

 

Regards

 

Lindyhop

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Spamheed is spot on.

You need to send them a letter before action asking them to supply you with some evidence that their 12.00 charge is in proportion to their costs in dealing with any breach.

Keep us posted....you should start a thread to progress this.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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