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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 
      • 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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Advice Please Anyone?


annmarie18676
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Hi there! I have just come across this site and wondered if anyone could help. I noticed everyone elses bank charges they were trying to get back but mine is only small, £35! I know its not much to some people but this is a weeks money for me. They have taken it from my bank because a direct debit was claimed a week early, which obviously is not my fault, should i try the letter in the library here or just grin and bear it? They say i should claim back from company that took d.d out but they tell me otherwise! HELP!!!!! :)

 

Annie

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Hi.

 

Well, have you tried contacting them direct to ask nicely for it to be refunded? If you're not a habitual culprit, they might.

 

If not, obviously, you need to decide. If it's a week money to you, surely, it's worth it?

 

As for "grin and bear it", well, sure, some people enjoy that sort of things, and pay good money for that! :p Who am I to judge... On the other hand, if you DON'T enjoy it, what is there to think about?

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Thanks so much for your reply! I called them a couple of times and tried, very nicely, for a refund as its the first time its happened, but to no avail, im gonna try the letter and see if that has the desired effect!! lol Until then i will sit in the dark and without heat as they have taken all my money!!!! :)

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RESULT!!! Thought i'd give it one last chance and call them again, have been given a 50% refund for the time being and told to take the rest up in writing, hence the letter from the library section! lol Fantastic! Another kick in the teeth for the banks!!!! Every penny counts!

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Why did they authorise a direct debit a week early without instruction from you? Whilst there could be mileage in speaking to the company concerned, it is the bank who levied the £35 against you, and therefore it is to them that your enquiry is aimed.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The terms of direct debit agreements are such that you are actually entitled to an immediate refund of any debit taken in error. Point that out to the bank, and demand that they refund the payment to you, plus the charge, then contact the beneficiary of the debit and ask why they took the payment so early, and indicate that in future if they do the same, you will have to refer them to the ombudsman for abuse of the direct debit system.

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Yes - the direct debit guarantee is actually very good, and believe it or not is drummed into contact centre monkeys like there is no tomorrow.

 

WHOEVER you speak to, mentioning the DDG will guarantee their attention and appropriate action (although this usually means an escalation to someone more senior...) - a good result I believe. :idea:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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