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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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Lowells newest SB tactic


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I have noticed on the latest batch of begging letters from the Leeds Losers, that they state that "we have addressed your query"

 

At first I thought nothing of this, however this old mobile debt becomes Statute Barred in the next Month or four and I wonder if this is some kind of p!$$ poor pre-emptive tactic to try to circumvent the whole SB argument, without the obvious pitfalls of the usual phantom payment scenario.

 

ie. they have resolved a query on YOUR account therefore you must have acknowledged the account in some way.

 

Obviously they would still be required to provide evidence of such a written query, but this would be much easier to fabricate (allegedly) than a historical payment

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Yes, they would be required to prove that they had indeed "addressed your query"

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Taking a leaf out of Transcms book, stating not under LA1980 before SB is mentioned.

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I have no issues in dealing with this, they, in their many carnations have sent dozens of letters over the years and have never had so much as a button out of me and never shall they.

 

This came from one of the infamous Three mobile accounts, trying to take payments after the contract had ended and been terminated, I told them when I received the very first letter that they had bought a dud, but they wouldn't listen, I still have the original bills showing the final payments and letters from Three demanding less than Lowells. They would be on a costly hiding to nowt if they took this further and they know it. so they keep on sending the threatograms, but now with a slight change from the usual alleged phantom payment miraculously preventing the alleged debt becoming Statute Barred.

 

it does become SB in a short while, hence their hiking up the number of letters, emails and texts, but as I've never hidden, they have had every chance to take me to court and declined each opportunity.

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