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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.  

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      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.

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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.
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      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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Thomas Cook deposit from Family fund and the blurred boundaries

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Hi All,


Just looking for a bit of advice after a bit of a run in with Thomas Cook.


I am a single mum with 5 children eldest of whom has Autism, so we received a charitable donation towards a holiday and proceeded to book with Thomas Cook.


They offered us the low deposit and remainder to be paid within 8 weeks, 8 weeks came and an unexpected bill came out of my account, taking money from the holiday balance, so I called and explained, they extended for another 13 days.


The time came to pay and i called with my card and it was declined, we tried again for a lower amount, declined again. I was advised that if the holiday was not paid by close of business that day that it would be cancelled, at which point i asked if they could just extend for 24-48 hours and we could sort this situation out, the answer was no, the branch were not prepared to take us on 'trust' as they have done this in the past and been let down (so they can be flexible, they just don't trust us??) the remainder of the balance would then become the brances debt and if we didn't pay then they would have to.


At around 4.30pm I found out that the bank had carried out a routine fraud check on my card. by which time the holiday had been cancelled, as we felt backed into a corner with the advisor saying, you'll have to find some other way to pay (and we didn't have any other way) We were gutted, I haven't even broken the news to my autistic son yet, don't know how to.


We decided to make a complaint a while later, as we felt that we had been treat in an unforgiving way and when holidays are booked in this way, it's not black and white as far as im concerned.


We emailed our complaint to TC and received a call from the branch manager, basically trying to argue the point with me, my response to her was that i knew this would be their attitude and this is the reason they were cc'd into the email that was directly sent to TC complaints dept. She continued to labour the point about dates and extensions, my point was that i did call to pay, but because the bank carried out their fraud check, we are now £550 down and without a holiday, not only that we are not able to apply for family fund holiday for a further two years!


So part of the conversation she mentioned again the taking customers on trust (and to me this just feels like why for others and not for us?) also that there is a chance we could reinstate the holiday. I asked her to do whatever she could and come back to me with some sort of resolve for the situation. At around 5pm (6-7 hours later) I am advised that she has been trying to get hold of 'them' for 3 1/2 hours but she can't and that she feels that they will say no because reinstatements must be booked within 2 weeks (why weren't we told this when we were asking for a 24-48 hour extension and our holiday was cancelled). Also that if I am going to pursue with their customer relations dept. that i should do so as they may be able to override the branches decision.


I just feel wholly dissatisfied at the actions of the branch, their withholding information that would've resolved this issue, when we were trying the pay the deposit and their obvious flexibilities, when they feel like it.


I run my own business and appreciate risks involved but, we had a holiday costing around £5k booked with an additional family joining us at around £2k (carers and support).


Can any let me know if they think i can any case for appealing this matter.



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