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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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Business account over 19,000 in bank charges.** SETTLED IN FULL ***


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Dolfos, I have a suggestion for you with regard to legal representation.

 

Whatever happens do not sign up for a no win no fee solicitor and be very careful indeed if you go to a solicitor - you need someone who specialises in insolvency and there are very few insolvency specialists out there. They may claim they know what they're talking about but our experience is that they don't!

 

There is a wonderful, charitable organisation called the "Bar Pro Bono Unit" which was set up to help people who don't qualify for legal aid and who can't afford legal representation. If you succeed in getting your case approved for assistance the Bar Pro Bono Unit find a barrister who specialises in the necessary area and, if possible, has chambers near you.

 

You may well qualify.

 

I have taken the following from their website.

 

" Who can get help?

You may be able to get help in your case if the following applies:

  • You cannot obtain public funding (legal aid)
  • You cannot afford to pay for the help you need, or get it elsewhere
  • Your case must usually have legal merit
  • Any single piece of work for which assistance is requested will not take more than 3 days

The Unit is a charity with limited resources, and can only help in some cases."

 

I realise that I'm not allowed to post the link on here but you should find it easily on Google. I just searched it and it was the first entry on the page.

 

We've been lucky enough to have help from one of these barristers and it's a truly amazing service.

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thanks for this is this the one you go through via CAB called the law works? If not this is another possibility which sounds very much the same where cases are taken on pro bono if selected and fit similar criteria as you have mentioned. Will be looking it ll up. thanks again

 

No, it's nothing to do with the CAB. This takes you direct to a barrister, no solicitors are involved - and I can't tell you what a relief that is! You have to compile your dossier yourself and send it to the Bar Pro Bono Unit. The case workers then asses it and if they feel there is merit to the case they pass it to the panel who decide whether they can help you or not. Your case is very interesting and could be setting legal precedent and that is why I think that the BPBU (please excuse abreviation) would find it interesting and would support you.

 

If you decide to have a go please feel free to PM me and I'll do everything I can to help you - tell you what we sent etc.

 

I really think it is an avenue worth exploring. The barrister we have been "allocated" has been totally amazing and we wouldn't have been able to afford him or anyone of his calibre in a million years.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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  • 4 weeks later...

Dolfos, Did you see the Money section of yesterday's Sunday Times? There's are article on page 19 - "BANKS RAKE IN 1,200% ON OVERDRAFTS". It's about a quarter of a page long so I won't post it all on here but here's the link Banks rake in 1,200% on overdrafts - Newspaper Edition - Times Online

 

In it is says "Walter Merricks, the chief financial ombudsman, said banks should now pay customers' claims in full even before they get to the FOS, or explain why their charges are legal."

 

I am keeping my fingers crossed for you and yours.

 

Best wishes.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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Go for it Dolfos!!!!!!! Best of luck. What about the bit where he says anything given will be paid towards your debt with recovery agency. Perhaps you should say something about that, or will that come later?

 

Annie

 

Dolfos, Since your husband is in an IVA then I think the "lovely Mr Cuff" will have to think again about paying any reclaimed charges directly to the collection agency. My understanding is that it should go into the "pot" and get divided up pro rata. How can these people in positions of power be allowed to get away with making these misleading comments without even getting a rap across the knuckles?

 

Good luck.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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