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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Smile Credit Card Charges **WON**


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Hi,

 

Have just had a success for a PPI claim that I made on behalf of my wife for her Smile credit card:-D. The account was closed in 2008.

 

Looking through the SAR information that we received for this claim, I noted some charges had been applied and would now like to reclaim these as well.

 

The charges were very small 3 lots of 11. BUT looking through the SOC spreadsheet that I did for the PPI claim, 2 of those charges would never have been made (account would have been in credit).:-x

 

Do I claim for just those two or for all three. I know it is very small but I am very reluctant to let them have anything.:mad2:

 

Any advice please.

 

Jedicris.

REMEMBER! Hunger is the enemy - NOT the hungry!

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ANY PENALTY CHARGE

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

Claim is now in the post, so now just got to wait for response.

 

Right, who can I have a go at now.

 

Just wish I could have a go at her current account overdraft charges.

 

Jedicris

REMEMBER! Hunger is the enemy - NOT the hungry!

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  • 2 months later...

Had a response from Smile (Cooperative Bank) among the fob off blurb they say that "any charges incurred prior to April 2006 are outside of the 6 year limitation period set by the Limitation Act 1980 and are therefore statute barred and will not be refunded".

 

Not that it applies in this cases, all charges are post April 2006 but is this correct?

 

Jedicris.

REMEMBER! Hunger is the enemy - NOT the hungry!

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yes unless you goto court

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 months later...

hey well done

 

so its a win?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx,

 

Yes, I do consider this a win.

 

Just to encourage others, I'll put the history down.

 

In their "fob off" letter they stated that they could find any such account. I responded to their "fob off" letter along the lines of "there is such an account, you have already paid out PPI on it, (an updated SOC is also included).

 

Time passes and no response is received.

 

A Letter Before Action is sent, with updated SOC.

 

Time passes and no response is received, so FOS complaint form regarding the unlawful penalty charges is completed and sent off.

 

At the same time, a Formal Complaint about the lack of responses to letters and poor level of customer service is sent to Smile.

 

Time passes and a letter responding to the Formal Complaint arrives, with a cheque for the penalty charges and a little bit more.

REMEMBER! Hunger is the enemy - NOT the hungry!

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