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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
        • Like

Next Default Notice


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Well, Strange one really just recieved call fom Next t say they recieved my email and letter, and that they will be sending a letter out explaining the default notice, so by the sounds of it they are still sdamant the dcument is in fact a legal default notice.

 

So my next step will be to await the ICO outcome of looking into the matter, and then decide where to go from there.

 

Have spoken to a solicitor about this who said I should get it overturned, but i know that i couldnt afford to pay for a solicitor to get nvolved, and know almost zero about law and how to go about taking this further, so will be hoping for some better news off the ICO, depending on how ong they take to look and deal with a case

 

The ICO will probably take a while to get round to your case, but if you have suffered damage on incorrectly recorded infromation then you should be able to obtain compensation.

 

Neither of the letters they have sent you (those you have posted up) are Default Notices.

 

The law was changed in respect of DNs and the amount of time given to remedy breaches on December 19, 2006. Prior to that date you were only given 7 days, after that date the regulations changed to 14.

 

So really what you need is a copy of a Next Default to see how they WERE prepared around the time they say they sent it to you. That would at least give you some idea if they did adhere to the prescribed format.

 

IMHO, you should send a Subject Access Request to include a copy of their communications log where they say they record their DNS would need to be requested as well. That way you would know the exact date they sent it.

 

HTH

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