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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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pjmarsh v Smile

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Hi all


I've just received all my statements from smile after sending them the Subject Access Request. This shows that I have paid them £135 in Serivce Charges and £695 in Daily Excess Charges.


Am I able to ask for both of these back? Also if after I send the Preliminary approach for repayment letter, if they come back with the money, what (if anything happens with the 8% interest?


Finally, is there anything else I've missed above that I should be asking for?





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Hi pjmarsh,


You claim all charges i.e. the daily excess charges, service charges AND any that say "Commission" (was £20 but recently £25) too.


Regarding the 8% interest, you can only claim this once you file for court proceedings at a later stage if needed. Do not claim this 8% now. So if Smile refund your charges, they will not pay the 8% interest. However, you could claim back the daily interest that has been applied by smile on each occasion your account was over limit due to their charges. I wouldn't know how to work that out, but as it is actually a small figure, i decided it was not worth the bother!


You can of course claim back the £10 fee that you have paid for the Subject Access Request (S.A.R). I think that is all at this stage that you can claim.


Best regards,



Edited by me: Can't remeber my SAR's from my DPA's or even LBA's!!!

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!


SAR Sent & Received

Gone pear shaped! See HERE

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Thanks Colin


I've sent off my Preliminary approach for repayment letter by recorded (or registered, can never remember which is which!) so I can see when they have received it. Let my 14 days comense!!!



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