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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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Mackenzie Hall Solicitors


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  • 2 weeks later...

Write to the cretins at Mhall and tell them to remove your mum's phone number from their database/back of envelope whatever. tell them to confirm they have done so in writing. Any further calls to that number will be treated as harrassment and the matter reported to the telephone regulator and the police. That is a separate offence to the other matters so it is important you write.

 

Also write and ask MHall for a copy of their complaints procedure. They must send you details - Ignoring your request is a cause for complaint in itself. Then make a complaint stating they are rude, aggressive and bullying. They have eight weeks to respiond and resolve the complaint. If they don't you can ratch up the complaint to the Financial Ombudsman. You can copy the OFT into this as well.

 

All this just shows you have tried to resolve the matter and it those cretins at Mhall who are playing silly beggars.

 

Oh and I would ignore their demands for payment. Just tell them the matter is in dispute and until they resolve your complaint you won't be opeing your wallet to them. If they start action bolshi - tough on them.

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  • 1 month later...

Why are you paying them for a debt they have yet to prove is theirs to collect? The offer of a reduced settlement is MacHall speak for "we don't have any paperwork but well accept anything from you to keep our staff in dougnuts". I'd cancel the standing order until they come up with anything concrete.

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