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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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Hardship claim rejection. Help please.

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I submitted a claim for between £800 and £900 to my former bank (£500+ in charges and £300+ in interest @8%), which was rejected - despite my being in genuine hardship, having suffered two strokes and having been unemployed since 2005.


My monthly benefits do not even cover my basic rent, power, transport (nevermind food, clothes etc).


The rejection letter cites:


"The Supreme Court considered bank fees and issued its judgement in November 2009. The Supreme Court, which is the highest court in the United Kingdom, decided fees cannot be challenged on the grounds that they are too high and that they are not considered penalties. This judgement did not make any exception for customers who are suffering financial difficulties".


I was of the understanding that not only did the Supreme Court mention that a claimant should not necessarily be put off claiming, despite their verdict, but also said that it expected banks to behave responsibly and positively towards claimants suffering financial hardship.


1) Any advice and/or experience would be sincerely appreciated.


2) Should I appeal to the bank, go straight to Financial Ombudsman Service or simply even drop my claim?


3) Despite submitting and receiving the results of a SAR (Subject Access Request) there is no signed agreement between myself and the bank to the bank's terms and conditions - only a generic, unsigned, set of TAC's. Does this make my case any the stronger?


Many thanks for taking the trouble to read this and I look forward to advice from those better placed than myself, hopefully.:oops:


Jib T.

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  • 3 weeks later...

Hi JibT and sorry this went unanswered so long.


Please see my advise to another site user a few mins back - http://www.consumeractiongroup.co.uk/forum/showthread.php?402454-Barclays-Bank-Business


The same principles apply whether it's a personal or a business a/c. The Lending Code applies from March 2011 onwards.


I doubt a complaint to the FOS will be of any help in your case as they tend to side with the banks in such matters.



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