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    • Hi, the vehicle went to Audi Chingford on Thursday 13th May. I did state beforehand that I only wanted a diagnostic. The technician out of courtesy opened the drain letting huge deposits of water escape the seals. Video evidence was provided via AUDI cam. The link for the audi cam has been forwarded to BMW and Motonovo. I spoke to branch manager explained the situation and he stated he would sent me an email outlining the issue. Audi state this is not really an issue and more of a design flaw. However, the seals still have water ingress. I purchased the vehicle with £0 deposit on a 60 months HP plan for £520.00. The vehicle total was £21000. I did not go for any extended warranty. I live almost 70 miles away from the aftersales centre in Peterborough. I have previously uploaded the document I forwarded to BMW however it was in word format. I have had to buy a new tyre almost three days after purchasing vehicle. BMW still have not compensated me for the v62 cost as they said they would. 
    • I would suggest that you stop trying to rely on legal theory – as you understand it. Firstly, because we are dealing with practical/pragmatic situations and at a low value level where these arguments tend not to work. Secondly, because you clearly have misunderstood the assessment of quantum where there are breaches of obligations. The formula that you have cited above is the method of loss calculation in torts. In contract it is entirely different. The law of obligations generally attempts to remedy the breach. This means that in tort, damages seek to put you into the position you would have been in had the breach not occurred. In other words it returns you to your starting position – point zero. Contract damages attend put you into the position that you would have been had the breach not occurred but this is not your starting position, contract damages assume that the agreement in dispute had actually been carried out. This puts you into your final position. You sold an item for £XXX. Your expectation was that you your item would be correctly delivered and that you would be the beneficiary of £XXX. Your expectation loss is the amount that you sold the item for and that is all you are entitled to recover. If you want, you can try to sue for the larger sum – and we will help you. But if they ask for evidence of the value of the item as it was sold then I can almost guarantee that either you will be obliged to settle for the lesser sum – or else a judge will give you judgement but for the lesser sum. This will put you to the position that you would have been had there been no breach of contract. I understand from you now that when you dispatch the item you declared the retail cost to you and not your expected benefit of £XXX. To claim for the retail value in the circumstances would offend the rules relating to betterment. If you want to do it then we will help you – but don't be surprised if you take a tumble.  
    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
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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
      • 161 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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Goodbye virgin, they "can't find any one in the uk to employ" lol


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Hi all

 

In the last few days i have had a problem with the landline telephone which is needed to call my partner as i am out of the country a lot.

 

I called virgin and to my disbelief found myself talking to some one in south africa who was not one little bit helpful just said there is a problem with the exchange and an engineer has to replace a bit of equipment and should be back up and running within 7-10 days.

 

I then asked when virgin started outsourcing work as the only reason i chose virgin media and mobile was that i thought they only had uk call centers ( i like to buy products/services that keep uk people in uk work) he would not comment but told me virgin have contact centers in england(quite rightly so), south africa, india and manila.

 

so i called and canceled my virgin media services, they tried everything to get me to stay but could not move all the jobs back to the uk so in 30 days finished.

 

I then called virgin mobile to ask if they have call centers abroad to which they replied with the same list as above and i told them i want to cancel my contract which again they did want me to do but told them the reason ie call centers abroad and the team leader who i was speaking to said and i quote

 

"The only reason virgin mobile/media outsources work is because of it geographical location and they can't find anyone to employ" HA HA HA HA HA

 

What a joke i said so your telling me that in todays financial climate you can't find any one and she replied yes! I asked if this was virgins official line and she said she did not know? lol

 

So all in all virgin media have lost £80.00 per month and virgin mobile have lost on average £900.00 per month. I hope that makes a tiny dent in the cost savings you achieved by out sourcing............

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I have nothing against overseas call centres if the quality of service is the same and we are able to understand each other easily. Unfortunately almost without exception my experience has been the opposite of this.

 

I did speak to one guy a Virgin who clearly was abroad but handled my request adequately.

 

I agree though if companies want to make money here they the should be prepared to base thier operation here.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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When I was with Virgin, I got put through to a call centre in South Africa and immediately switched to their language along with the local dialect and started asking questions I knew they could not answer. Poor woman was totally confused because an Englishman was able to speak her language with a dialect so she had no chance but I had a good laugh and cancelled within the next 30 days. Agreed that if you are spending money here it should be for people gainfully employed in the UK!

That is know as economy which is why I do not like using charity shops as all the money they earn goes elsewhere and not into the local economy as shop workers are volunteers, therefore the local economy is not stimulated and other shops start closing!

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Erm charity shops generally sell stuff that people have given to them. Very few high street shops sell used goods, so I don't see a dilemma there. Also they spend money on helping people which can't be a bad thing.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Erm charity shops generally sell stuff that people have given to them. Very few high street shops sell used goods, so I don't see a dilemma there. Also they spend money on helping people which can't be a bad thing.

I am surprised that you as a student are missing the point. A normal retail shop pays wages to its staff and those staff in turn spend money in other retail shops, cafes, bars, amusement parks in the vicinity and the money stays in the local economy as it revolves around in there as all the other pplaces in tghe area employ staff who in turn spedn money in the local economy. A charity shop has volunteers who are not paid and any income derived from selling goods from that shop is normally spent outside the local economy. You can always tell if a town is imploding and that is when most of the shops in the high street are charity shops!

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I am not a student this is an old name I had on another site for many years.

 

I simply feel that the world is better charity shops existing. By your logic the country would be better off since people would have to pay solictors or other profesionals for advice and they would spen thus support the local economy.

 

There is on glaring hole in this, many people could not afford this advice so simply wouldn't get it. Similarly there are people who simply cannot afford high street prices.

 

Also your assertion that charity shops are somehow the cause of a 'town imploding' is a bizarre interpetation of cause and effect. There is no causal relationship between the two.

 

Charity shops are usually staffed by volunteets as you say, they tend to be older, not needing paid work, and thus would spend EXACTLY the same amount of money as before.

 

In fact they probably (based on my town) spend more in local markets and high street shops than other people who go to out of town supermarkets which seek to kill off smaller competitors.

 

"any income derived from selling goods from that shop is normally spent outside the local economy"

 

Same goes for supermarkets but to a much higher order. You would rather pay dividends to shareholders than support organisations who help the elderly, chronically sick etc etc?

 

Anyway this is pointless we'll agree to disagree, I simply don't follow your logic at all.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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I buy loads of stuff from Charity shops -in my town they are everywhere.

We have a British Heart Foundation shop thats massive and sells portable TVS for a tenner DVD players for 8 quid.Dining tables and chairs from £30 and dishwashers from £30.

It not inferior stuff either.I got a Bosch Hob and oven for £40 pine bunk beds for £50 and 5 piece Technics HI FI class AA for £40.

We have another charity shop that gets new stuff from Burtons -I got a Diesel T shirt for 3 quid with the £22 price label still attatched.

 

I know some people who actually buy stuff in charity shops and sell it for more on the car boot sale !!

 

The days of the old Oxfams are gone-these days its not taboo to be seen in charity shops-they are big business.

 

My best purchase was a bright yellow silk tour jacket with Sun Records logo on the back.

I knew what it was immediately-it was Elvis Presleys first record company from Nashville -Jerry Lee Lewis also recorded with them.

I have no idea how it found its way there.

As I paid my £8 at the counter I was aware of some joking comments....but I think I got the last laugh.

I put it on ebay in the music collectables and got £85 for it.:)

Edited by MARTIN3030

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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I think we are starting to get slightly off the main topic here. So to try and steer it back on topic, I thought I would relate my recent experience of a call centre.

The other evening I got a phone call, and thinking it was a debt collector (it usually is :D), I waited a couple of seconds to see if the line went dead. Eventually I said hello and someone with a foreign accent answerd and procceeded to go through a sales pitch. When he tried to tell me who he was calling on behalf of, I had to stop him and tell him I couldn't understand what he was saying. He repeated himself and still I couldn't understand him. Eventually I just hung up. After thinking about it for a few seconds I realised he was trying to say I was a valued customer of EDF Energy. I only wish I had realisd this at the time, I could of had some fun.

 

So not only was this a bad call because of the speech side of it. I live in Northern Ireland so I don't know how he got the idea I was an EDF customer :eek::confused:

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

Paid in full in March 07

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"I think we are starting to get slightly off the main topic here."

 

It happens on every CAG forum !

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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What WAS the topic? That companies who wish to make money ouf of people in the UK should not outsource work overseas? Sounds reasonable to me.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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