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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
      • 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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Costs recovered from BSkyB


dave882
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Just a quick thread to pass on a successful claim I have made against BSkyB, which may be of use to others in a similar position as I was.

 

I finished my contract with BSkyB as the prices kept increasing without any explanation. Having ceased my contract I received a final payment charge, which I didn't agree with and so wrote to them saying such. Despite a number of letters, I send letters to keep a record of the paper trail, I often found I did not even receive a single reply. Then without warning I received a demand from Wescot Credit Services regarding the debt.

 

I wrote to Wescot explaining that the debt was in dispute and give them their due they cancelled their involvement. I again wrote to BskyB who once again failed to reply but forwarded the debt to Pastdue Credit Solutions. PCS were a pain the the backside repeatedly writing demanding payment with warnings of debt collectors, Court hearings and bad credit ratings. They even asked for a copy of all the letters I had sent BSkyB.

 

To settle this dispute I submitted a Small Claims Court claim against BskyB in which I claimed the disputed amount (just over £30), costs for unnecessary letters I was having to write both to BSkyB and the debt collectors, and the cost of the claim. I was more than willing to sit in the Court and explain my disputed charge and the reason for my costs. Just prior to the deadline date I received a telephone call from BSkyB that they would accept liability and pay the amount paid as well as cancel all debt. A cheque soon followed for just over £130. I claimed the amount they said that I owed as I was quite happy to use that part of the claim to settle the charge although this was unnecessary as they wrote the debt off.

 

So if you think your action is fair and justified submit your own costs to the S.C. Court and invite the other party to dispute your claim.

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Hi,

 

Can you post up the particulars of claim you used?

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POC's are what you wrote on your claim form for bringing the action

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

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  • 2 weeks later...

Sorry for the delay in my reply. Basically I claimed the outstanding charge that was being put to me and for unnecessary letters. So I explained that BSB believed I owed say £30, I explained what I had done to rectify this, how BSB failed to respond, how I had to deal with 2 collectors. So to settle the amount I submitted a claim for £30 on the basis that I would pay this to settle the debt even thought it was wrong and as such I was claiming the charge back. I also claimed £12 per letter that was unjustified but only written due to BSB's failures

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