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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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Addition to this tread -

 

Around 3 years ago my wife and I were 'fined' 50 quid for allegedly smoking in our room by a hotel

on the Tettenhall road, Wolverhampton. They clearly spotted that she was a smoker when she went

outside to have a puff. We only realised what they'd been up to when the next barclaycard statement

arrived a couple of weeks later. Naturally we protested to the hotel but they simply refused to discuss

it and, in fact, put the phone down on us.

 

A subsequent call to barclaycard got us nowhere. According to them, the hotel were within their

rights in helping themselves to another tranche of our hard earned without being required to

substantiate their claim in any way. This shifty (my wife's word), crew had their story accepted

without demur while we, after 40 odd unblemished years with the same credit card outfit were

assumed to be guilty as charged.

 

The amount being too small to justify going to law, we put it down to experience, but have still in

a way extracted a small revenge on those we foolishly trusted.

 

After thinking about it for a while we acquired another credit card and split our outgoings between

the two. As our monthly spend through the odious barclaycard was usually £2000+ we have,

in the interim period 'fined' them 36 months X £1000 X 3% = over a grand of their profit down

the drain. Further, I cherish the true and earnest hope that before I die, I will have deprived them of

many thousands more.

 

Rodzo

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