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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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SAR the Ombudsman


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I had a claim at the end of 2003 that was finally refererd to the omdusman in June 2004 and was finally unsettled in September 2005, during this time the ajudicator was changed from a person that was fully informed on the case and was threatening the insurance company to do what was required and provide relevent information, to a person that basically let them do what they wanted.

 

She allowed the insurers to miss 14 day deadlines to respond on almost every letter that was sent to then and allowed them to miss out a vital piece of documentation from the fire brigade which belive it or not had a

significant part in the decision that was made by the ombudsman, he even stated this missing document as being vital to the decision and as it was missing he could not find 100% in my favor.

 

At no point was I told that this was missing until it was too late, I could have got a copy myself and sent it to them, but it was just another ignored request for information that was sent to the insurers by the ombudsman.

 

 

I lost a complete house, all it's contents and was left with nothing, due to what I consider bad managment of the case, when I complained they basically said that yes things were not handled as quickly as normal 15 months in fact and if I want to complain further write to xxxxxx, when looking into what the benifits were to complain further I think it turned out to be a few hundred quid if your lucky, so I didn't bother as I had a house to rebuild.

 

I had the option of taking RBS to court but after doing some research and speaking to several other people in the exact same situation with the same company that had tried to take them to court and lost everything even though they had valid cases, they were financially ruined by the legal costs which were incurred over the years it takes to get RBS into court.

 

So now things are better and i'm about to move back in to my house after spending 6 years rebuilding it myself with no money towards the cost of my loss from the insurance company I'm going after everyone concerned.

Edited by Pat-Uk
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Ah - I can see why you are bitter, but assuming your could apportion blame successfully, I do recall they are recourses of action and because one person took a particular view and another the opposite one, would remain their perogative... after all, the same holds true when a judge or sheriff has to excuse themselves from proceedings and another take over - there will always be points of views an biases, which form the decision-making proicess. Pursuing an intermediary for change of tack is a risky move, because even if you prove your point, there is no guarantee that the issue being complainted about could be reopened and revisited for a contrary decision. The only folk who would benefit would be the legal club.

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Glad you asked the question as I am having a similar issue with the Financial Ombudsman as I don't believe they looked at all the facts before making a decision.

I raised an issue against a lender and without any further consulation they issued a remedy to the company I was complaining about, but the remedy was not about the main issues that I was as complaining about. These were not addressed at all although the lender obviously has complied with financial regulations.

I want to see the letter the ombudsman sent to the lender which should have outlined my issues / concerns. I am beginning to realise that the Ombudsman is there for the banks etc and not for the consumer.

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Thank you for your reply

 

I personally feel that an adjudicator’s prerogative should not even be the issue here, Procedure and Rules should dictate the way adjudicators deal with cases.

 

When rules say "Firms are obliged to co-operate with us before the deadline" as quoted from correspondence with them and then for example one deadline was 7th December and come 13th February still no response with the required information, this in my opinion unacceptable and only one of many occurrences.

 

I repeatedly asked via email and letter what they needed from the insurers in case it was anything I could supply, the first adjudicator did ask me and was supplied with a huge amount of documentation that he was "unable" to get from the insurers, the New adjudicator was unwilling to use this approach.

 

One thing I haven't mentioned is I have SAR'd Directline and got everything, some of the contents are just horrific, the internal notes and "jottings down" are simply beyond belief and more than enough in themselves to open a can of worms the size of a house.

 

The reading of what I have so far just makes me think that there is a whole lot more to what went on in my case than I was led to believe also there is little or no reference to correspondence with the FOS which makes me think something is being covered up.

 

I'm guessing I have in the region of 2000 pages to work through from Directline so'm i'm gonna be busy

Edited by Pat-Uk
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Sorry to be negative gentlemen....

 

but the sad truth is both the Ombudsman and the FOS (especially the Omb tho!) are toothless organisations designed to kneel before the banks .... they just muddy the water for us (while doing nothing to help) ... this courtry needs to be swept clean, from all of this corrupt nonesense.....

 

The problem is 'It all starts at the top' and look at the rot we've currently got in both of our political houses!! yikkeees god help us :confused:

 

Rant Over ! :cool:

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  • 1 month later...

Hi

Does anyone know why The Financial Ombudsman wants a

Common Financial Statement from me ? I have a very strong case

against B/Card re CCA . Barclaycard have breached all points under

Part 8 of The Enterprise Act re Unfair Relationships and i have a Paper

Trail as long as your arm to prove it ! They even Set Off money from my

Bank Acc , leaving me a few pence ! The FOS have copies of these transactions so why do they want Statements off me.Barclaycard are

in Breach so why do The FOS want me to tell them about how much i

spend on Electicity etc every month?

What are they trying to establish here?

Anyone have any advice .Would be much appreciated

p.s I love the Forums , keep up the great work people!

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