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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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:DHey it is great to see a M&S forum of its own.

 

Will be much easier to compare and keep up to track.

 

I have a thread on my dispute with this lot I shall try and retreive it. Not heard anything from this lot in about 18months and hey presto, they have exceeded all my expectations and sold it on to a dca:rolleyes: Cowards really, they really don't seem to have much of a stomach for a legal battle.

 

So more fuel to the fire

 

Oh well onwards and upwards :D

Edited by hellhasnofury

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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:DHey it is great to see a M&S forum of its own.

 

Will be much easier to compare and keep up to track.

 

I have a thread on my dispute with this lot I shall try and retreive it. Not heard anything from this lot in about 18months and hey presto, they have exceeded all my expectations and sold it on to a dca:rolleyes: Cowards really, they really don't seem to have much of a stomach for a legal battle.

 

So more fuel to the fire

 

Oh well onwards and upwards :D

Hi - which DCA may I ask - they passed mine on to Rockwell - as soon as I explained to Rockwell what M & S had done (see my thread) Rockwell passed it straight back - however have received another letter from rockwell today asking for full payment????? I will send them a copy of THEIR OWN letter CLOSING THE FILE!!!!

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Hi - which DCA may I ask - they passed mine on to Rockwell - as soon as I explained to Rockwell what M & S had done (see my thread) Rockwell passed it straight back - however have received another letter from rockwell today asking for full payment????? I will send them a copy of THEIR OWN letter CLOSING THE FILE!!!!

 

Hello Cleo,

 

It was not Rockwell they sold the account too.

 

What did it state in their last letter, they have been instructed, or sold the account by M&S. it is important how they have worded this before your respond back to them.

 

If it is intructed, then fire off your letter giving them both barrells, maybe ask for compensation for the stress their conduct is having upon. Tell them you are reporting them to the OFT and report them.

 

If it is sold, then you have a fight with them,:rolleyes:

 

Please do not forgot to inform M&S of their rather dubious practice and that you are holding them responsible for their breach of the oft debt collection guidence and breah of the dpa by passing your personal details to third parties.

 

 

Good luck:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello Cleo,

 

It was not Rockwell they sold the account too.

 

What did it state in their last letter, they have been instructed, or sold the account by M&S. it is important how they have worded this before your respond back to them.

 

If it is intructed, then fire off your letter giving them both barrells, maybe ask for compensation for the stress their conduct is having upon. Tell them you are reporting them to the OFT and report them.

 

If it is sold, then you have a fight with them,:rolleyes:

 

Please do not forgot to inform M&S of their rather dubious practice and that you are holding them responsible for their breach of the oft debt collection guidence and breah of the dpa by passing your personal details to third parties.

 

 

Good luck:-D

I will be writing to M & S reminding them of just that - the letter from Rockwell is odd as we had a letter on 19th June confirming that they were no longer dealing with this matter and that the files were closed?? The new letter says "despite our previous correspondence your account remains unpaid. No mention of instructed etc. I am a bit stuck!!!

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I will be writing to M & S reminding them of just that - the letter from Rockwell is odd as we had a letter on 19th June confirming that they were no longer dealing with this matter and that the files were closed?? The new letter says "despite our previous correspondence your account remains unpaid. No mention of instructed etc. I am a bit stuck!!!

just checked earlier letter - says "instructed"

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just checked earlier letter - says "instructed"

 

Hiya Cleo,

 

Maybe they forgot to remove your file from their lets harass and scare people so they give us money pile:rolleyes:

 

Yes I would do as you have stated give them both barrels and send them a copy of their previous letter. DDDDrrrrr morons that they are.

 

Do consider asking them compensation for the stress they are causing you, due to their continued harassment over a seriously disputed account:D

 

Tell them you are reporting them to the OFT:D and don't forget to do so.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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