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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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Hi WWS,

 

For the purposes of comparison, I shall post the response you should now expect from Northern Rail regards your current issues; demonstrating an equally ignorant, blinkered and arrogant attitude you believe Barclays have a right to use.

 

You state elsewhere regards Barclays bank charges:

 

I work in Barclays Collections

 

You will find that shortly the bank will begin writing to all customers who made complaints regarding the unfair charging case. From information I have, Barclays will deal with these on an individual basis, but most are likely to be advised that the charges are fair and no refund will be due.

 

SAR is a good way of finding out what you've been charged, but will not get you anything back unless the circumstances are different from the standard "I think the charges are unfair"

 

What you should have done (knowing that no money was going into the account) was cancelled the direct debits coming out. The bank advises you everytime one fails. It is your responsibilty to either service them or cancel them, you cant expect the bank to pay them without funds in your account.

 

What you should now do is call either your Business Account Manager or Barclays Collections and arrange to pay back the debt over a period. Barclays will be happy to split the payment over 6 months to get your account back to order.

 

If you do nothing you will eventually lose your overdraft facility and be liable for the whole debt at once.

 

Hope this helps

 

So, taking your OWN reasoning, and applying it to your situation, this is the response you should now expect and concede to.

 

"You will find that shortly Northern Rail will begin writing to all customers who made complaints regarding the unfair penalty charges.

From information I have, Northern Rail will deal with these on an individual basis, but most are likely to be advised that the charges are fair and no refund will be due.

 

SAR is a good way of finding out what you've been charged, but will not get you anything back unless the circumstances are different from the standard "I think the charges are unfair"

 

What you should have done (knowing that you had no ticket) was not taken the journey, or bought another ticket. Northern Rail advises you every-time you are fined. It is your responsibilty to either buy a ticket, or not take the journey, you cant expect the Northern Rail to allow you to travel for free.

 

What you should now do is call Northern Rail or their debt collectors and arrange to pay back the debt over a period. Northern Rail will be happy to split the payment over 6 months to get your account back to order.

 

If you do nothing they will take you to court, and you will be liable for the whole debt at once.

 

Hope this helps"

Edited by photoman
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All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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SHOE ON THE OTHER FOOT !! :rolleyes:

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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