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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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SKINTBOYand HFC PPI


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Greetings all.

 

I wonder if anyone can give me a bit of advice.

 

I opened a current account with HFC twenty odd years ago. I don't remember discussing PPI at the time, but each month there was a small charge for insurance. I questoned it several times over the years but it was not until 2009 that they admitted that it was for life insurance.

 

They agreed to cancel the policy (they had always refused previously) and I requested that they refunded premiums and interest. They offered less than £100 which i rejected.

 

Anyway, to cut a very long story short, I sent an SAR to which they responded and I have sent a preliminary request for an outrageous amount, giving them 14 days to agree before I send a Letter Before Action for the County Court.

 

However, looking through the threads here, it seems that the most usual course of action is to complain to FOS.

 

What is my best course of action?

 

Cheers.

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Skintboy,

 

That is a matter of opinion.

 

It basically boils down to:

 

1) Referring your case to the FOS who will probably take up to a year to even appoint someone to look at the case. Then with all the back and forth contact between the adjudicator and your creditors, who they seem to be very biased in favour of, you could expect to get an answer within 12-18 months at a guess. However there are no costs involved for you and FOS will charge your bank £500 to investigate.

 

2) Submit a claim in court for which you will have various fees depending on how much you are claiming back. However in the unlikely event it ever gets to a hearing date roughly 6 months down the line and you win your case, you could claim back for all your costs.

 

My suspicion is the bank will not want to risk the case going against them and perhaps even setting president for future cases. They will push their luck and probably try to scare you into dropping the case, but just before the hearing, if not on the day of the hearing they will make an offer to settle.

 

But all that said it is only you who can make the final decision on which route to take.

 

Good luck

 

DJ

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Thanks dj.

 

I would love to see them charged £500 but, at the end of the day, it's peanuts to the bank.

 

I think court is the way forward and it won't be the first time. I've sorted out many a credit card claim over the years and they seldom get the the courtroom.

 

They have, I think another week before my letter before action, so I'll keep you posted.

 

Cheers,

T.

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Nice1 Skintboy,

 

and for what it is worth, personally I agree with you.

 

Keeping fingers crossed for you and please do keep us updated as this helps others in finding the motivation to fight their case.

 

Good luck

 

DJ

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