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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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New Starter Vs Abbey


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After studying this site for advice and support I've finally made the plunge and started firing letters off to Abbey.

Had the usual fob off letter, one years worth of statements and just sent off reminder that the 40 days they have to provide my statements under the data protection act is nearly up.

A couple of questions:

If I try and claim back a full 6 years worth of charges it will probably go over £5000. Does this change anything? Can I still use the small claims court procedure? Will it cost me anymore to register a claim?

 

Thanks in advance

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Over £5k is fast track, graeter costs risk ,but there is standard disclosure.

Top of the page - search- advanced search- key word 'track'- titles only gives several relavant threads about fast track. Court fee is £250

 

or you split the claim. strat from 6 years ago add up until they reach £5000ish and claim for those. When that claim is settled make a 2nd claim for the rest.

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  • 3 weeks later...
  • 1 month later...

Abbey are playing with delaying tactics. Issued a claim through Money on Line and the statements turned up the day after it was issued. Presuably because they still failed to comply with the 40 day rule I can still persue this claim?

Sent off a preliminary request for refund of charges and recieved a standard 'we'll look into it and get back to you within a month' letter.

Just sent off a 14 day warning that unless they reply in a more positive note I will commence legal procedings.

Has anybody sucessfully claimed more than £5,000 in one go? Or should I go for 2 seperate claims of just less than £5,000?

Thanks

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