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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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Is this a fob-off tactic?


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OK, Sent my prelim letter a few week back, with no reply, sent my LBA a couple of weeks ago and got this response today.

 

Bearing in mind, the amount I'm claiming is entirely from failed DD charges to my Debit Card, having read all the forums and various responses people have had, this concerned me a little as I haven't seen anyone else have this yet

 

Dear Mr xxxxxxxx

 

I am writing in response to your recent letter. Naturally I am concerned you have found cause for complaint and from the outset please accept my apologies for the inconvenience this has caused.

 

To summarise, you are requesting the refund of any default charges applied to your account in view of recent media coverage surrounding the subject.

 

Following publication of the OFT's report on industry-wide credit card charges, I can confirm that HBOS is reducing its card default fees - although it does not support all of the OFT's findings.

 

HBOS disagrees with the legal analysis of default fees outlined in the OFT's statement, published in April. However, the group confirmed 2nd June 2006 that it will be reducing default fees across all its credit card product range to £12 with effect from 1 August 2006. And until that time, all exisitng terms and conditions will apply. At present the findings only apply to credit cards, so unfortunately, no refund of charges is due to you.

 

I trust this response has clarified our position and resolves this matter for you.

 

I enclose a copy of our complaints procedures. Should you remain dissatisfied we'll provide you with details of how you can contact the Financial Ombudsman Service for assistance. If I do not hear from you within the next eight weeks I will assume you are satisfied with our response to your letter and close my file accordingly.

 

Yours sincerely

 

Liam Pollit

Customer Care Manager

 

So is this a classic fob-off?

 

If so, it has made me only even more determined.

 

Just need some re-assurance!

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