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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
      • 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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An IUC requires stong indicators of benefit fraud. If there were a mallicious allegation, they would first seek to find if there was any truth in the allegation by performing cross checks of what the allegation entails. If they find nothing or bits and pieces which could suggest fraud but not concrete evidence, the compliance team take this on and contact the claimant asking them to either provide documents, come to see them informally, or visit the claimant informally. If they find something which is a clear indicator of fraud, they refer this to the Fraud Investigation Service who dig deeper, source evidence and then perform an IUC.

 

When it gets to the stage of an IUC there is always evidence or what appears to be strong evidence of fraud. At an IUC the following can happen:

 

Advise the claimant of their rights during the IUC, such as the right to silence, and advise the claimant that the IUC will be recorded.

 

Determine whether the claimant understands the conditions of receiving their benefit. For example, they are aware of the requirement to inform of a change of circumstances, ect. During this stage they may show you your claim forms and the declaration you signed

 

They will put the allegation to the claimant, ask several questions and ask the claimant for their opinion. During this stage, the claimant may say something which blows the whole theory apart - a reasonable explanation which shows fraud has not been commited, and all the evidence is purely cirucumstantial

 

If the claimant denies the allegation, at this stage evidence may (but not always) be placed before them, to gauge a reaction, and a further opportunity to explain. Again at this stage, the claimant could say something which would blow the "evidence" out of the water.

 

A claimant is not required by law to attend an IUC, they do not have to say anything whilst they are there if they choose not to, and can leave or ask for a break at any time.

 

An IUC is not always the scary thing it is made out to be, some are purely information gathering exercises. Some people are invited to an IUC as they suspect someone else of fraud and are calling in the third party as a possible accomplice to the fraud. And yes, some are just there to implicate a person. They will also assess the motive for fraud. Desperation or greed, for example, and whether the claimant was fully aware of what they were doing. Just because they have evidence that does not mean that the evidence is clear cut. A lot of the time the evidence looks very strong, it gets to the IUC and there is a perfectly reasonable explanation behind it.

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My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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As I said, they need to have evidence or what appears to be evidence of fraud.

 

They had what appeared to be evidence, an indicator of potential fraud which turned out to be completely circumstantial.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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