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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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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Is this right ?


sprockett
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That was for the original mitsubishi agreement, since then they have re-written it. Could you have a look at the rewrites as these have lots of holes in them. No name and address on one of them and no details of what the rewrites are for on either of them etc. Also there's a copy they sent us which has commission on it. They cannot find the original Saab agreement only the rewrite. I know the copies are bad but the ones they sent to us (which is all we've got) are the same and difficult to read. Thanks for your help.

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More apologies - its seems that hubby has posted 3 copies of the same document and so the mitsubishi original and saab rewrite are not there - is there another way that I can get these to you as he's now in San Diego !?

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Looking at those documents they appear to be welcoms underwriting sheets they are headded welcome elite brokers they never allow these to be sent out unless by mistake, check with postggj if possible but I think I am right, and if I am lol bye bye welcome

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that piece of information is missing off of the original agreement and the rewrites have Progressive Financial Services trading as Welcome etc etc - does the same apply to the rewrites ? Also the rewrites don't have anything in the 'goods' section so no indication what these so called loans are for, and one of them doesn't even have any name/address etc on it and isn't signed by Welcome. They've owned up in writing that they cannot find the original documentation for the saab so does this mean that the rewrite that is supposedly for the saab is enforceable ? The first we saw of these documents was in Nov last year when Welcome sent them as part of the CCA. Again any help/comments much appreciated also guidance as to what to do now. Welcome have also put a default note on hubby's credit file.

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Finally I've managed to upload - I think -the documents you need to look at. One is a copy of one page of the original agreement for the mitsubishi which shows some commission payment - welcome sent this to us, we've never seen it before. Also there is the original mitsubishi agreement - minus the commission bit, plus the so called rewrite. You'll see on the rewrite no name and address - there was none on there we've not taken this out, also not signed by welcome and no detail of goods that this is for. The saab 'rewrite' is there - welcome have put it in writing to us that they cannot find the original agreement from 2004. Again no goods on this either so could be for anything. Any comments on these and what to do next greatly appreciated.

 

 

mitsubishi commission http://imgur.com/kR1Xp.jpg

mitsubishi rewrite http://imgur.com/XfMkn.jpg

mitsubishi original http://imgur.com/JaM82.jpg

saab rewrite http://imgur.com/toHI9.jpg

 

I've now got the right documents in the right place - any comments/advice would be greatly appreciated.

Edited by sprockett
spelling mistake
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Does anyone know if welcome use a company called Mackenzie Hall - I've just had a message left on my phone. I've never heard of them so googled them and found them to be a debt collector, they also have a reputation for getting very nasty - the message doesn't say who they want to speak to or why they are calling. We're supposed to be ex-directory !! Also if anyone could have a look at my stuff I'd really appreciate it

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Hi everyone - could any of the legal eagles have a look at my stuff that i've uploaded, I need to put something in writing to welcome. reading what's happening i'm worried that someone will come along and try and take one or both of our cars even though we've paid over two thirds, and the ágreements' look unenforceable. Thank you

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