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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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Full and Final


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Hi jamanji,

 

It might pay you also to look at the site blog and site team member sequenci on f &fs. I can point you also in the direction of a couple of websites written by law firms which will give you a deeper insight which were of help to us in making our minds up to do it and we won at 10%.

 

regards

oilyrag.

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Hi jamanji,

 

There were two sites we referred to. Please note I can never make muy links work properly so probably the quickest way to get there is to enter

 

Addleshaw Goddard in your search engine. The site is not too easy to navigate but there is section on full and final settlements which will take you back to the infamous Pinnel case of 1602 ( ruling still extant) but they give explanations and bring you up to date with case references even to Lloyd LJ sitting in the Court of Appeal.

 

Secondly try the same with:

 

Gannons London Solicitors They have a section on F & F which is actually advice for creditors (the opposition shall we say). This details what they can do and what they must not do and the consequences of same. I have quoted at length from it on here before but it may be easier for you to look yourself and draw your own conclusions.

 

Once the decision had been made that on the OD and loan we would offer F & F we asked a solicitor to set it all up and make it watertight. we thought we might have to pay about 70 to 80% but anything helps. However they said opening bid maximum 10% and the bank fell into legal quagmire straight away. They tried a bit of nastiness 3 months later, solicitor said let them hoist themselves on their own petard and then we take them apart. All is now quiet. It was all done almost exactly as sequenci has suggested in his blog other than correspondence was solicitors, who handled the third party cheques.

 

regards

oilyrag.

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Thanks jamanji and rockwell, Not barclaycard unfortunately but Barclays bank themselves. Still have BC ongoing. They are just nasty and unmovable but so are we and our sols. The bank side is just ---- well????? If I was to say that the index finger of the left hand does not know what the thumb of the same hand is doing just about sums it up.

 

regards

oilyrag

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