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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 
      • 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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Help please! - Where next?


MrsMonkey
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Hi MrsMonkey,

 

If the Halifax have not fulfilled your SAR to your satisfaction and have since failed to respond to any further requests, then your next step is to file an N1 with your county court for Non-Compliance. There is a template letter that you can edit to your circumstances in the Libraries section of the forum.

 

Your letter was posted on 02/10 so therefore it is deemed served on 04/10. I am not entirely certain, but the time limit for the letter is 7 days as i believe is the case. You should inform the Information Commissioner, although they do not seem to be of much help at the moment, but contact them anyway so that nobody can say you didn't. Then proceed with the N1.

 

I am not an expert here but this is just what i think is correct information!

 

Regards,

Colin.

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!

ENDEAVOUR PPI: Started

SAR Sent & Received

Gone pear shaped! See HERE

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Start proceedings they are taking the p1ss.

 

I am not so sure about that. If you proceed with the claim and the SAR papers arrive as promised early next week, i would assume that the courts would take this into consideration and not look too favourably towards the claiment. Yes i know that the deadline has passed, but the fact that a telephone conversation has now taken place and that you have been given notice, it may well be best to wait for just a few more days until proceeding with he claim. Obviously, if by Tuesday you have still not received anything, then i would proceed immediately with your claim without notice!

 

This is just my opinion and perhaps you would be wise to ask a moderator for theirs before deciding what the best course of action to be. For the sake of a few more days, it may be safer to hold off.

 

Regards,

Colin.

  • Confused 1

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!

ENDEAVOUR PPI: Started

SAR Sent & Received

Gone pear shaped! See HERE

Link to post
Share on other sites

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