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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • 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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AOL contract--How do I stand.


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After months and months of connectivity problems, made even worse by following advice from their now defunct live help, based in India, I reluctantly decided to contact them by premium rate phone. The first two calls resulted in no improvement to issues. On the third call, i managed to speak with someone with an Irish/American accent. He gave me some advice but computer would not accept this and still no connection. Eventually, this guy said to abandon my DSL connection, and he would send me out a wireless connection which would definately cure problem. He also said that this was free, but i had to agree to a one year loyality contract. OK fine. This new connection worked ok for a couple of months or so, but i am now back to connections not always being available. I e-mailed their accounts dept?? and said that they were in breach of contract as this new system still gave poor results, and i reserved the right to cancel my dealings with AOL at any time in the future. They e-mailed me back saying that they can't allow cancellation of contract, and if i do cancel i will be subject to a financial penalty. How do i stand in law with them?

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If you stop paying, you have breached the contract (even though they're not supplying their half properly) so keep paying until it's sorted (I know it not great paying out money for a hardly-usable service, but it's better than them recording a drfault on your credit file!!)

 

Here is a little bit from the AOL code of practice that should help you move forward

Complaints:

We are committed to providing the best possible service to our members. However, sometimes this does not happen as it should. If you are dissatisfied with the level of service you have received or if you have a comment or complaint, please telephone us using the Member Service telephone number 0844 499 5555. If we are unable to resolve your complaint by telephone, please write, including any supporting materials, to the Member Service postal address:-

Member Services

CPW Broadband Services (Ireland) Ltd

IDA Business Park

Cork Road

Waterford

 

Marked for the attention of UK Member Services. We will look into your complaint and respond to you once it has been fully investigated.

 

Dispute resolution:

If your complaint is not resolved to your satisfaction having received a response from the Member Service Team, you may request that it is escalated internally. You may ask to speak to a supervisor at any time. If the supervisor cannot resolve the issue to your satisfaction, and you wish to make a formal complaint, you will be sent an email Comp laint Form. Clicking 'send' on this form will transfer it directly to us for action. Alternatively, if you prefer, you can make a complaint in writing, to the Complaints Management team, Vice President of Member Services Office at the address set out below.

 

What to include in your written complaint:

 

 

  • date(s) of incident(s);
  • name of the representative you originally spoke to, if known;
  • nature of your complaint;
  • your full name & address;
  • your screen name; and
  • your telephone number

Where to send it:

c/o Member Services

PO Box 387

Southampton

SO30 9AL

 

Should this not resolve the matter to your satisfaction, you may refer it to the Chartered Institute of Arbitrators who run the Communications and Internet Services Adjudication Scheme (CISAS), of which we are members. You can find out more about this scheme at http://www.arbitrators.org/CISAS.

 

You may refer matters to CISAS if either (i) you have received a 'deadlock' letter from our Member Services department confirming that no resolution can be reached; or (ii) we have not reached an agreed settlement within three months of receiving your complaint. However, please note that CISAS will not adjudicate in a matter where our internal complaints procedure has not first been exhausted.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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