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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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Need help with Natwest credit card


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Thanks for replying too Jogs. It is a credit card. My badly made point is that I wouldnt have a default if the charges were recredited as the charges I have paid are more than the amount of the default and thats before I get the SAR sorted i.e. only from the few statements I kept. I was trying to keep up payments but every month was a little short which is why I got hit by the £12 virtually every month for one year.

 

What I would do (and this is what I'd do) Is request the full refund of all charges on the account and the removal of the default. I would make this a LBA and gibe them 14 days to comply. Should they not be forthcoming, I would hit them with a Court claim for the charges and removal of the default on the grounds that it was made up of unfair charges.

 

Jogs

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Thanks Jogs - can I ask you one more question please. I assume I should first do a SAR though as I dont know how much in charges I have paid since the account was opened in 1997?

 

Yes, if you don't have a full history then SAr them. Be prepared for them to only send 6 years worth of statements (charges) though.

 

They really should have EVERYTHING from when the account was opened, but they flout this rule all the time.

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Thanks Martin, I noticed it went up when DX repped me.

 

On the rep list, most of the blocks on the left are green and then there is a comment.

 

The last few have been grey and then a comment (always good) but the rep points stayed at 992.

 

That 992 didn't go up until repped by DX earlier. The OP I think then repped me but I got another grey block by his comment.

 

Maybe its because they are mostly new posters!

 

Jog

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