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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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  • 5 weeks later...

Hello,

I'm not an expert here and I am going through a similiar thing myself. This is a standard response (mine was worded the exact same only with Littlewoods).

 

You now need to send them a Letter Before Action Letter which you can find in the templates Library on here and just wait to hear your response from them.

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Hi

 

I can't find them but will upload mine that I sent when I get a proper minute.

 

And it seems that way I got the exact same letter back as you. I then sent them an Letter Before Action and still was told no so I'm trying to fill a Money Claim Online in at the minute. I think they think we will fall because they have said no but I won't back down on mine I'm digging my heels in :)

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I have only had 1 letter which I got on friday, an email that they sent on monday and today I have had a call to the landline but I wasn't in. I pressed 1471 when I got in and googled the number and it came up as Lowell's. They have since about 4.30 sent a text to my landline asking me to call them. I'm going to ignore them for now but if the phone calls keep up I intend to send them the Harrasment Letter that is in the Library on here. How have they been with you? As I say mine has only just been passed to Lowells so it's new to me too :(

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I'll just ignore them then :)

 

I can't find my Letter Before Action (I'm hoping it's on the other laptop my son is using for his homework at the minute) I have just found one on which which looks very similar to the one I sent I've copied and pasted for you as I'm not sure how to attach on here hope it helps.

 

Your Address

[supplier's address]

Dear

Reference: [a single sentence summing up your claim]

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

[Provide a summary of the facts of the dispute]

From you I am claiming [state what you want from the party you're claiming from]

I have calculated this sum [state how you have calculated the amount being claimed]

Listed below are the documents on which I intend to rely in my claim against you:

    In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

      I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

      I would invite you to put forward any proposals in this regard.

      [Alternatively you can set out details of any ADR scheme that you would be prepared to use]

      In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

      I look forward to hearing from you within the next 14 days.

      Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

      Yours sincerely,

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