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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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How to deal with Swift Advances....


Caz72
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Mine is similar Cvsc. Some time ago I posted the contact Sam Bragg at the OFT which helps keep complaints focused. An FOS contact name would be helpful.

Unfortunately due to the processing structure of the FOS even if i was able to give you my case workers email she would not be able to assist anyone as they have to be assigned your particular case in order to recover the facts and advise accordingly. That said tho, complaints logged regarding anything other than PPi get dealt by seperate departments within Fos so tend to get dealt with much more quickly than PPi complaints.

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the FOS are struggling to cope at the moment and have had to take on more staff. My complaint has been with them for a year now which suits Swift fine as they are still charging interest every month, my bill has gone up £1200 in the last year since the FOS were handed the complaint. The funny thing is the FOS said Swift would be very unlikely to charge interest while it was being looked at, you would have thought they would have known the company better by now.

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the FOS are struggling to cope at the moment and have had to take on more staff. My complaint has been with them for a year now which suits Swift fine as they are still charging interest every month, my bill has gone up £1200 in the last year since the FOS were handed the complaint. The funny thing is the FOS said Swift would be very unlikely to charge interest while it was being looked at, you would have thought they would have known the company better by now.

John, It is my understanding following a recent press release that the Fos have taken on hundreds of new staff for the PPI section only and does not affect complaints to other departments and other subjects.

When you say your complaint has been with the Fos for a year, do you mean you have not been assigned a case worker yet or adjudicator?

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the letter they sent to me last week said they were sorry for the time being taken but they had a massive workload. I was assigned a caseworker last March, it was then passed to an adjudicator last November for their final judgement. I am 90% certain they will find in favour of swift as they usually do.

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the letter they sent to me last week said they were sorry for the time being taken but they had a massive workload. I was assigned a caseworker last March, it was then passed to an adjudicator last November for their final judgement. I am 90% certain they will find in favour of swift as they usually do.

John, Final judgement can only be given be an Ombudsman, the adjudicator may find that there is no complaint to be had, however you are then given an opportunity for the adjudicator to look again at your complaint, especially if there is new evidence or information to be added.Whilst an adjudicator can recommend that a firm takes action they cannot enforce it, only an actual ombudsman can do this hence why my complaint took this exact route and the adjudicator found that the charges were unfair and excessive but swift refused to comply with there request to refund so the case is now with the ombudsman for review and possible enforcement.Remember an Ombudsman is an actual person who can enforce the law against a financial institution.

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