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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
      • 162 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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Just a quick question.

 

I sold some good to a person. Private transaction, arranged by e-mail.

 

I delivered the goods and the buyer paid me there and then by Paypal.

 

After checking my Paypal records I can see that I have never received the money.

 

Assuming the buyer did send the money via Paypal and that something went wrong with the transaction, who is legally responsible for the error?

 

The buyer is basically telling me to take them to court for the payment and that in court they will prove they sent the money. However, of course, I can prove it was not recieved.

 

What, if any, legal obligation does the buyer have to ensure the money reaches my account?

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have you confirmed the email address for the paypal payment?

 

was it a uk address? what postage method did you use?

 

how long ago was the transaction?

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have you confirmed the email address for the paypal payment?

 

was it a uk address? what postage method did you use?

 

how long ago was the transaction?

 

My address is [email protected].

 

The buyer refueses to provide their e-mail address or a transaction ID for the payment.

 

Goods were hand delivered just last week.

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I find it very strange that they won't give a transaction ID.

 

May I ask how you know they sent the funds?

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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I find it very strange that they won't give a transaction ID.

 

May I ask how you know they sent the funds?

 

Truth is, I don't!

 

I am about to start a claim against this person though small claims court. They INSIST they can prove in court that they sent the money, although they refuse to show me the proof.

 

My worry is that in court they will show proof of sending the money and the court will rule this is the end of their obligation. My argument is that they are responsible for ensuring I am paid in the agreed manner and it is their responsibility to chase Paypal, not mine.

 

I have offered to contact Paypal and look into it, but as they refuse to give me any transaction information or the e-mail address they used, I have no way of tracking the money.

 

They also state that in court they can claim from me, costs for the time spent in court? Is this true? If so, can I do the same?

 

Thanks all.

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Court costs are limited. They could claim "out of pocket expenses" but it is unlikely that they'd get these if they won't send the you proof that they have paid.

 

Contact Paypal. Get them to confirm that no cash has been sent to [email protected] and then write to the other party, send a letter and at the top in big bold letters put "LETTER BEFORE ACTION" and tell them Paypal has given confirmation that no payment has been sent, so they can either pay the £xx.xx or you will claim for that amount, plus court costs, plus your out of pocket expenses in the local county court. Also add that failure to pay will result in a county court judgment being lodged against them at the earliest possibility if they refuse to pay, followed by bailiffs to recover the money following from the judgement.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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