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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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Feex v Fitness First


Feex
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Ive had the same problem as others. I joined Fitness First around March this year.

 

I paid for my first month plus a joining fee upfront, which was around £65 in total so i could recieve the bodyfirst offer. I got 3 free personal training sessions and a free fitness first guide with a cook book and exercise tips etc.

 

They gave me a card which I needed to stamp each time I visited the gym. If I went 20+ times within 8 weeks I got my joining fee refunded. I filled the card out before 8 weeks was up and handed my card in. They said it would take a few weeks to be refunded.

 

I've been waiting 6 months for my refund. I've phoned about 7 times, sent an email and each time i've been down to the gym I have enquired about it...every time the woman behind the desk has asked me to leave my name and number on a sheet of paper and she will have someone call me back. (Obviously they have never got back intouch).

 

Last Thursday which was the 10th November I called them..again. The girls said she had seen my email (which had been sent about 4 weeks before) and that I was on the list for my money to go back into my account the next day, and to call them back if it wasn't there.

 

So it comes to Friday and im looking forward to getting this extra money to buy a new dress for the weekend..what a surprise..its not there. So I waited until Monday (yesterday) to see if it had gone in....nope.

 

So im well an truly p**sed off. Im fed up of being told the same thing and that I have to speak to about 4 different people. Its ridiculous. Everytime I go down to the gym the girls on reception look like they are more bothered about flirting with the personal trainers than dealing with their customers.

 

Edited by Slick: put in para's

Edited by slick132
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Hi Feex and welcome to CAG

 

I've moved your post into your own thread and put in some paragraph breaks to make it legible. You originally posted on this similar thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?289369-Fitness-First-Admin-Fee&p=3248849&viewfull=1#post3248849

 

I suggest you put a complaint in writing to the gym's HO. Best not to get too stroppy with the local gym staff just yet or you could end up getting cold showers !!

 

Tell HO briefly how long this nonsense has been going on and send them a brief time-line of events. Enclose copies of any letters or emails.

 

Give them 14 days to sort out the refund and tell them what further action you'll take. Decide whether you want to:-

 

1. Cancel m/ship due to their breach of contract.

 

2. Take county court action to recover the Joining Fee.

 

3. Stir up a fuss to highlight their appalling admin failings involving other members, the media, etc.

 

Or you may have other ideas of what action you'd take.

 

Send the letter by Recorded Del'y.

 

See what comes back. :wink:

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