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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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Another NCO Question!


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I would write to Orange reminding them of this Public statement they made to BBC Watchdog and asking them just exactly how their total unwillingness to resolve the problem of zero coverage in your new home followed by their aggravated pursual for £2000+ in charges for a service they were not able to provide was in your best interests.

 

"In terms of Mr Prescott's contract, while we do not offer an option for customers to break their contract for moving house, in exceptional cases where a customer clearly has no network coverage at a new home of residence and has been unable to make calls, we will look to resolve in their best interest".

 

Source http://www.bbc.co.uk/blogs/watchdog/2009/03/mobile_charges_but_no_signal.html

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Good for you this is a positive start.

 

Now you must get onto Orange, remind them of the pledge they made when under investigation by Watchdog, spell out to them that there was zero reception in your new home and that you tried to resolve this with them but were reduced to cancelling the contracts as Orange simply were not interested in helping you.

 

Exactly what pay monthly contract were these two phones taken out on?

 

This makes for interesting reading:

 

"terminating your Contract because Orange is no longer able to provide access to the Network

4.4 If, for reasons beyond our control, we are no longer able to provide the Services, we will at our discretion either:

4.4.1 make arrangements for you to be supplied with equivalent Services by another network at no extra cost to you, or

4.4.2 accept written notice from you that you wish to terminate your Contract. In such cases we will refund any pre-paid Charges that have not been used up."

 

http://www1.orange.co.uk/terms.html/pdfs/PAYM-terms-and-conditions-for-the-supply-of-Orange-Network-Services-20110215.pdf

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As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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ps 19.11 from the above t&c's looks like it could be useful to your predicament:

 

19.11 If either party delays or does not take action to enforce their rights under this Contract this does not prevent either party from taking action later.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Sorry no edit button any more....

 

Was going to continue to say that to me this term implies that you are still within your contractual rights to serve them the notice of cancellation as per 4.4.2.

 

You have after all given them enough time to remedy the lack of service by the alternative method as per 4.4.1 :wink:

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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