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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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Cap one defaulted after court claims


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My wife has a crap 1 card, she took them to court in Nov after they refused to refund charges, they settled mid Nov for £109 which they took of the balance but not off the monthly payment which included the charges, she made payments of about £50 per month and again they charged in Dec and Jan O/L's and Late fees as payments were always below their figure (which included their refunded charges) so went back to court in early Feb,then Crap1 issued a default notice for £206,which was still made up from the previous charges that have been refunded, the current court case is for £79 and a further £24 has been added,so in total £213 has been/is being claimed for charges but they have issued a termination notice saying defaulted for £206.

As this £206 is clearly made up of charges and she has made more than what would have been the min payments each month how can they suggest the account has D/F as the D/F is made up of their charges that they have refunded but refuse to take off the minimum payments?

Without the charges added to the minimum payments the account would have remained upto date and therefore cannot warrant a default or T/N.

The POC'S in both her court claims state any defaults must be removed so considering refusing when they no doubt make their 11th hour offer.

The payments they decided to take off the balance also included the court fees which surely have nothing to do with cap 1's account.

Letter from Fredricksons came dated 22/2 Crap 1s D/N & T/N was dated 21/2 looks like sour grapes to me, a case of trying to get their own back.

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My wife has a crap 1 card, she took them to court in Nov after they refused to refund charges, they settled mid Nov for £109 which they took of the balance but not off the monthly payment which included the charges, she made payments of about £50 per month and again they charged in Dec and Jan O/L's and Late fees as payments were always below their figure (which included their refunded charges) so went back to court in early Feb,then Crap1 issued a default notice for £206,which was still made up from the previous charges that have been refunded, the current court case is for £79 and a further £24 has been added,so in total £213 has been/is being claimed for charges but they have issued a termination notice saying defaulted for £206.

As this £206 is clearly made up of charges and she has made more than what would have been the min payments each month how can they suggest the account has D/F as the D/F is made up of their charges that they have refunded but refuse to take off the minimum payments?

Without the charges added to the minimum payments the account would have remained upto date and therefore cannot warrant a default or T/N.

The POC'S in both her court claims state any defaults must be removed so considering refusing when they no doubt make their 11th hour offer.

The payments they decided to take off the balance also included the court fees which surely have nothing to do with cap 1's account.

Letter from Fredricksons came dated 22/2 Crap 1s D/N & T/N was dated 21/2 looks like sour grapes to me, a case of trying to get their own back.

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