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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
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    • 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 to expect in a SAR and an offer to pay refuced interest rate


couresportivo
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I have a relatively small debt with EGG £6.5k and along with most of the other 161k cardholders had my account terminated.

 

In the SAR (now received) I would have expected to see the original contract or a reconstiuted version, i would also have expected to see copies of correspondence yet all i received was 100;s of screen print's contact history going back to 2001 statements and some other computerised docs.

 

I also offered to pay them but I wanted a lower interest rate as they were no longer providing a service, which they refused.

 

What should I do next.

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Hi Reb

 

No I went straight for an SAR £10, havent done the cca as yet. Surprised to find no initial contract/agreement. There must be nearly 800 pages in the sar response and didnt spot what i was really looking for as yet. Need to re read.

I was an early adopter of egg perhaps 98/99, was attracted by the cash back as I paid off in full every month. This persisted until about 18 months ago when circumstances changed and I used for credit. Ive no assets, as I gave home to children in Trust a few years ago. Never missed any kind of payment until after they withdrew credit facility, which p*******d me off as this caused a cash flow problem at the time. I continued to pay after they withrew facility.

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Remember there might be more stuff from the Request on it's way to you if the 40 days isn't up. Send the CCA Request. Lets see what they send.

Have you got any Penalty Charges or have you been mis-sold PPI that you can claim back?

 

Hi Reb

 

No I went straight for an SAR £10, havent done the cca as yet. Surprised to find no initial contract/agreement. There must be nearly 800 pages in the sar response and didnt spot what i was really looking for as yet. Need to re read.

I was an early adopter of egg perhaps 98/99, was attracted by the cash back as I paid off in full every month. This persisted until about 18 months ago when circumstances changed and I used for credit. Ive no assets, as I gave home to children in Trust a few years ago. Never missed any kind of payment until after they withdrew credit facility, which p*******d me off as this caused a cash flow problem at the time. I continued to pay after they withrew facility.

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Only got penalties since I stopped paying them. a few months ago. I will cheer them up with a cca in the next day or two. With no contract nor terms appearing, wonder if unenforcable?

 

I made a without prejudice offer to pay them a reduced rate of interest, which they rejected, my view at this stage is that it breaches the Consumer Protection from Unfair Trading Regulations 2008, I refer specifically to part 3 section 8, which I reproduce below

 

Offences relating to unfair commercial practices

8.—(1) A trader is guilty of an offence if—

 

(a)he knowingly or recklessly engages in a commercial practice which contravenes the requirements of professional diligence under regulation 3(3)(a); and

 

(b)the practice materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product under regulation 3(3)(b).

 

 

At the time this distorted my economic behaviour

Edited by couresportivo
typo
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