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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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Reclaim Barclays Bank Charges


Mrgreengenes
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The minimum amount I will settle for is the full amount claimed plus £220 court fees, not a penny less. (Just in case they are following this thread) If we appear in court, 8% interest will be added on.

 

You're selling yourself short. When you sent your letters, you made it clear that if you had to issue claim, you would claim 8% STATUTORY APR. They chose to drag the process as long as they possibly could, why on earth would you now let them get away with the interest?

 

It is YOUR claim, do not let them get away with bartering, there is not one single reason why they should not pay you that amount in FULL.

 

By indicating that they'll only pay the 8% if it goes to court, you have just indicated to anyone reading that they can now save themselves a substantial amount, since they have NO INTENTION to ever get to court. If you think they'll pay up quicker by being nice to them, I think you're mistaken.

 

I think they have organised themselves now to the point where every claimant is going to get the full and final settlement offer between 5 & 7 days before hearing, which allows for last minute scoring out confidentiality part, amounts adjustments etc...and still pay out just in time that the hearing doesn't go ahead. In my case, the money hit the account at 5 pm on the tuesday, with the hearing scheduled for the thursday 2 pm. But the kicker is Mr. Evans thought the hearing was on wednesday! So we are talking of the tightest of deadlines here.

 

Anyway, IMO, do not let them get away with the interest, they charged you nearly 30% all those years, and you can only get 8% back as it is. It's not a freebie, it's YOUR money just as much as the charges and the court fee, it's money you paid out at some point.

 

Just my 2 p.

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I saw it, and now Bankfodder's seen it, and I think it sounds like a fantastic idea on principle, although I kow nothing of the practicalitites and whether it would work! :-D

 

But on principle, anything that helps this site go on for longer (and I don't think people realise how precarious it is at times) AND make the banks pay for it is a good thing!!! :-D

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