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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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BOS Loses plus Costs


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Corrie star helps write of Bank of Scotland debt

Natalie Martin

11-Jun-2009

 

Coronation Street star Michael Le Vell, who plays Kevin Webster in the TV soap, has helped a Wetherby man to successfully get £15,000 of credit card debt written off.

 

Le Vell, a director of claims management company Ratio Money, attended Leeds County Court with a leading QC to support a self-employed 60-year old man in his long-running dispute with Bank of Scotland.

Mitchell originally had a judgement against him after delaying payments to his credit card while he waited for the bank to supply specific information.

 

Le Vell says: “This is another victory for the consumer. “Although Bank of Scotland gave up its fight and agreed to write off his debt, amazingly they refused to pay his costs.

 

“However, as a final blow to the lender, Judge Langan ruled that the bank needed to pay all the costs in full and said that the bank didn’t fight the case because it feared highlighting failings and opening the floodgates to further claims.”

 

Ratio Money successfully highlighted that the man's credit card application didn’t contain the prescribed terms and conditions – and therefore didn’t comply with the Consumer Credit Act.

 

Bank of Scotland argued that the terms and conditions had been given as a separate document when he applied for the card at the Wetherby branch of Halifax, but he denies ever receiving them.

 

However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms."

 

AC

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