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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Selique1

We only wish it were partly resolved though.

 

Given their track record,

 

how does Dolly51 know it's been resolved?

Because they say so?

I don't think so?

 

They're hardly the most reliable of organisations are they, missold insurance, lies about what it says in the contract etc etc.

 

She hasn't received the proof she requested so all will be revealed when they send her the SAR, if they send it that is. Watch this space!!!!

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  • 1 month later...

I'm pleased to say that it has been agreed by BAYV that my account will be refunded with all insurance,

 

All Sorted and phonecalls made,

plus a gesture of goodwill payment,

plus the unexplained £75.00 arrangement fee,

PLUS I was offered a piece of furnture which I reuised

because I couldn't stand the stress of more failed deliveries or damaged goods, result !!!!

 

HOWEVER, on receipt of my SAR information it seems that not all is as it should be!!!!!

 

The statement they sent shows the compensatory payment being credited to my account,

then it shows in part as a debit against my account,

meaning they've taken the compensatory payment back and hoped I wouldn't notice,

 

also the statement is charging me more per item than on my agreement,

then it shows the amount paid as different too,

 

the amount it says on the statement that I'm supposed to have paid does not agree with figures they've supplied on a different sheet of paper,

 

the balance outstanding does not agree with the amount on the original agreement minus what they say I've paid,

it's different by approx £490.00!!!!!! in their favour.

 

I've previously agreed the correct weekly figure with them and have told them I will now NOT PAY BY METER.

I've told them to come and take the meter but leave my TV in full working order and I will pay the balance by card at a paypoint.

 

THEY ARE IN BREACH OF CONTRACT,

 

I am in the process of preparing my case for Trading Standards as I am fed up with these incompetents trying to pull the wool.

 

I have also asked BAYV to provide me with copies of the receipts from the agents

as I cannot understand why 8 weekly payments of an odd figure can add up to collections of an even figure.

 

There is still a very big smelly rat hanging around here!!

 

Graham Clarke, the CEO is supposed to be dealing with this as well

 

although I suspect he is delegating the responsibility.

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