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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 
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    • 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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Bookworm v NWB - I'VE WON AND IT'S OFFICIAL!!!


Bookworm
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Bookworm, I also think you should stick to your guns. Although I admit I would also have had trouble not just taking the money due to my current financial situation.

 

Good luck, and keep us posted!

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Once again BF speaks common sense - why reply at all. By not doing so they will be the ones being kept in the dark, and not knowing your moves...go girl, you know you can hit the final nail home...:p

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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As you'd already published pretty much all the details prior to their sending that letter, does that make the clause unenforcable? Surely the damage they're (presumably) hoping to limit has already been done? Or would it simply mean that you're expected henceforth to never mention that you got a big pile of cash off of them?

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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I think they're more worried about me going to the Press. Bless them, they still haven't realised that the Internet is much more powerful...

 

But of course, you're right. As long as I don't cash the cheque, I haven't accepted their offer, and can discuss to my heart's content.

 

So if you hear an ominous silence, and this thread is closed, you'll know I have caved in ignominiously... Anyone wants to take odds?

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bookworm most probably it won't go to court but if it does... would the judge not think you were being vindictive as they paid you and you haven't accepted it? Because david has recently posted a thread saying that "there are some people not accepting the full settlement sent by the banks and they should"....

alternatively should you not at least let them know you are refusing their offer...

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bookworm most probably it won't go to court but if it does... would the judge not think you were being vindictive as they paid you and you haven't accepted it? Because david has recently posted a thread saying that "there are some people not accepting the full settlement sent by the banks and they should"....

alternatively should you not at least let them know you are refusing their offer...

 

No because the offer is conditional upon Bookworm signing a confidentiality agreement. The argument you mention would only apply if the offer was unconditional.

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Indeed. My point was that as Bookie's already publicly announced the background and the fact that she was taking action, well before actually receiving this letter, the gagging request within the letter's either unenforcable or will only apply to things she says or publishes after accepting the cheque.

 

Either way, as a moderator on this forum, it's not something she can really comply with, is it? I'd ask them for a clarification of what this NDA actually entails, if I were you, Bookworm. Then ask them for a tax-free bursary or whatever of £100pcm in return for keeping stumm.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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No because the offer is conditional upon Bookworm signing a confidentiality agreement. The argument you mention would only apply if the offer was unconditional.

 

that is fantastic..... good luck bookworm

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Damn moral fibre

 

Good for the bowels though. Makes it easier and more satisfying to metaphorically s*** all over the banks.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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addconga.gifaddconga.gifaddconga.gif

 

I refer to your letter dated 22/04/06.

 

I note that you do not accept any conditions or restrictions on your claim and decline confidentiality but must reiterate that payment has been made with no admission of liability and is in full and final settlement of your claim.

 

I'm off to the bank with my cheque!!!

 

addconga.gifaddconga.gifaddconga.gif

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I'm off to the bank with my cheque!!!

Have fun...and as you pay it in you should spread all the letters out over the counter...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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So they paid in full despite you turning down the NDA? Very strange. I think they are saying that you can't go and tell everyone that their charges are unlawful because they admit no liability but they still want to settle... I'm confused.:confused:

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Yay! Well done, BookWorm! May it be the first of many victories!

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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EXCELLENT NEWS WELL DONE!!!!!

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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So they paid in full despite you turning down the NDA? Very strange. I think they are saying that you can't go and tell everyone that their charges are unlawful because they admit no liability but they still want to settle... I'm confused.:confused:

 

They're not saying that at all. They're saying they still don't admit they're in the wrong (well, there's a surprise), but they're not about to try and prove it in court. Which tells you they're wrong and know it. They tried to bribe me into silence with MY money, and when I refused to play, they just caved in.

 

It's just like a giant game of chicken, really. And they've been plucked, trussed, impaled, and put to roast on a slow fire. And I'm loving it!

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They're not saying that at all. They're saying they still don't admit they're in the wrong (well, there's a surprise), but they're not about to try and prove it in court. Which tells you they're wrong and know it. They tried to bribe me into silence with MY money, and when I refused to play, they just caved in.

 

It's just like a giant game of chicken, really. And they've been plucked, trussed, impaled, and put to roast on a slow fire. And I'm loving it!

 

Ah, I see - thanks for clarifying. That makes me feel a lot better. Nice one.:grin:

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Bookworm thats fantastic, i am just in the process of issuing proceedings against Natwest and reading your threads has certainly inspired me. May i ask what you placed in your claim?

 

Anyway, well done and best wishes for the future!!

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