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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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Cap 1 refuse to remove default after ombudsman order


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Experian removed the whole record from my report, as if it never existed. I would have expected Equifax to do the same....

 

ditto. did experian also have missed payment markers that were removed? as you say, you paid, ppi was ordered refunded thereby reverting back ie put back as if no ppi, and never missed a payment.

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The satisfied default and markers, I'm led to believe, are just as bad as the default.

 

Continue your action until it's clear.

 

It sounds like you're not too bothered about the £5K if you can have a clean file but it would teach them not to screw others so readily.

 

I've waited 5 years for FOS to get their act together (or not!) before. The court should have this sorted within a couple of months (1 month in Scotland - but yes only £3K).

 

This is far from trivial. I'm taking them to the Supreme Court to prove it.

 

 

Cheers,

 

Richard.

Edited by Andyorch
speculative words removed
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You are right, of course, Durkin. It is all in the detail, isn't it? These organisations think it's ok just to do the minimum amount of work and even then they have to be pushed. Hard.

 

I am certain the markers have a negative impact.

 

Obviously, I'm keen on getting 5k! The last time I was in court, though, the judge looked upon me as if I was fighting just for the hell of it, because I could!! I did win. He refused to give me compensation apart from expenses to/from court.

 

I need to make clear in my mind now what I'll be asking for: removal of late payment markers, interest refund (earlier post) and compensation for 4 years of being un-creditworthy? Do I have to itemise the different figures? Or lump it all together in the max 5k and hope the judge understands I am NOT wealthy! And it is a serious issue - not only for me but everyone else.

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It seems that you should ask for the complete removal of default info as per Experian.

 

Just ask for £5k (maximum small claim) simply for general damage to creditworthiness (defamation).

 

Use my case and ensure you show up (Showing up of course is the hassle and it can lead to an inconvenience that many folk are happy to avoid).

 

It seems you'll be sorted soonish though, either way.

 

Cheers,

 

Richard

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