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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
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    • 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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Accounts with a card (including basic acccounts)


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The Santander accounts have in the back of cards that they remain the property of Santander.

 

The Sale of Goods Act 1979 section 2 says

 

(1)A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.

(2)There may be a contract of sale between one part owner and another.

(3)A contract of sale may be absolute or conditional.

(4)Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale.

(5)Where under a contract of sale the transfer of the property in the goods is to take place at a future time or subject to some condition later to be fulfilled the contract is called an agreement to sell.

(6)An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred.

 

 

But I am unable to tell when the UTCCR's apply and the sales of goods act ends.

Its obvious that the card we insert into the ATM machines are subject to the Sale of goods act but when do the UTCCR's end?

 

 

Is this a new area of action to look at?

 

B

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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The physical possession of the card and its' use by

the person it is issued to is a ''privilage'' granted by

the card provider, which can at any time and for

any reason be revoked by the card owner/issuer.

Credit cards carry this statement but in my experience

debit cards do not.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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It says on my card (Or maybe not) and its a cirrus one that it is property of the bank.

 

Part II of the Sale of Goods act says

(1) A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.

So is this yet again miss selling?

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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Share on other sites

Also you will find that cheques also remain

the property of the issuing bank.

All this is to protect the issuer from

misuse of the facility granted.

nothing unfair what so ever.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ok this is the confusing part.

 

It says it remains the part of the bank when the Act says its not the banks.

 

Well is this confusing ?

 

Here is something for ya.

 

(4)Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale.

or

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

Link to post
Share on other sites

Not clear here, the card or cards are issued on the

condition set out in the Ts &Cs of a CCA 1974 regualted

agreement, the bank/issuer is NOT selling you a ''card''

it is issued to you to enable you to use the facility provided

under the regulated agreement.

If you stay in an hotel you are issued with a key to your

room the key remains the property of the hotel.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes but when the card is issued to you it is not a gift it opens up a contract.

 

Im trying to work out if the UTCCR's apply or when they do and the sale of of good act.

 

 

(3)A contract of sale may be absolute or conditional.

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

Link to post
Share on other sites

The terms and conditions signed and accepted state

that the card/cheques remain the property of the issuer

and may be revoked at any time.

I seen this years ago and it has no merit.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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