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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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what planet FSO on?


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FSO have just told me in writing that the refusal of my CC company to provide me with an executed agreement requested under s78 of CCA is not a matter for them.

 

They have said it is a matter for DATA PROTECTION OFFICER !

 

What???

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If the company has a statutory duty to provide you with the agreement then the FOS decision has got to be wrong.

The FOS has to make decisions which require fair and reasonable behaviour from the cc companies.

It cannot be fair and reasonable to refuse to carry out a statutory duty.

 

As they have now given their decision, there is nothing to be lost in complaining to the Independent Assessor.

Of course this means that the FOS must have another look at the problem first but they have only three months to do so. Then it must go to the IS.

 

I suggest that you write to the Independent Assessor immediately and complain about the decision.

 

Secondly, how long ago did they refuse to let you have the CCA and an what grounds?

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FOS letter just came a couple of days ago citing that it is a Data Protection Issue and to write to the Data Protection Officer in Chester. That is all their reply states.

 

I immediately e-mailed my case adjudicator asking for an explanation.

 

The weird thing is, in the next days post I received a Final Response from MBNA telling me they had completed their statutory duty, citing the Manchester case heavily.

 

I intend firstly writing back to the FOS with the new MBNA 'evidence' demanding that they look at the case again and see what happens.

 

Lisa

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The FOS seems to produce many poor wuality decisions using poor quality procedures.

I don't know that this says about the quality of their staff but certainly there seems to be a quality issue with their staff development.

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I don't know that this says about the quality of their staff but certainly there seems to be a quality issue with their staff development.

 

No kidding! I was of the opinion they found them on street corners. Generally speaking, i've never encountered such a bunch of morons.

What sort of world do you want your kids to grow up in?

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