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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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A little help guys please SUSPENDED


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What date was it actually posted?

 

it may be that Royal mail are a bit slow in updating their records.

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Hi Ell-enn,

 

Just had confirmation that it was delivered on the 31 dec, there is a fault on their system and they are sending a copy of the sig by first class post.

 

Any thoughts on what to do now.

 

Kind regards

 

Sham :)

 

PS to answer bona , Every letter shes had back has come from a different dept. Well organised me thinks:evil: sham

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Hi ALL,

Another update,

 

She has had a duplicate letter the same as in post 47 this morning aking for budget sheets and bankstatements.

 

This does seem to be going around in circles.

 

I was wondering if it would be a good move to write to them again saying that if they would capatilise the arrears, and she did default again and they did take court action , a court would see that they had done all they could to help.

 

A bit of reverse physcology maybe ? ;-)

 

Any thoughts

 

Kind Regards

 

Sham

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OK, now is the time to take this higher - I think Bona has a contact for someone a bit further up the chain.

 

I'll contact her and ask

 

Back soon

 

Ell

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 4 months later...

Hi All,

Sorry this thread has not had an update for so long but here it is.

 

They did take her to court (yesterday in fact) and i have to tell you the judge was fantasic !

 

He spent loads of time reading all the crap that they had sent her , shaking his head and tutting here and there, then the duty solicitor asked if he would consider norgan rules in this (suggested by me , all learned from cag:D).

 

He worked the norgan figure out at an extra £28 on top of her normal payment. much to the disgust of their solicitor who wanted another £260 a month on top of her payment ,or outright possession:eek: to which the judge replied "Dont be so foolish ":-D

 

All in all a great result for her , and a million thanks to ell-enn and bona for all their help in this long running saga

 

Kind regards sham

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Brilliant news Shammy - well done you for helping her out :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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