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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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Loeby Vs HSBC...Bring It On!


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yes, yes, you are one week from total victory - follow the guidelines - send the refussal letter - from the template Rejection of settlement offer- fit it to your details. tell them you will halt your claim when you receive a cheque (or your account is creditted) with XXXX.XX (include interest, bank charges and daily rate - you add those extra few pounds on up to today's date) - total it all for them, send it off - get to asda and post it today - recorded delivery and honestly, i predict - you are one week from that next happy letter. it's a game and you have the end in site - do it now!!!!!!!!

 

after rereading your thread - i can't see where you sent your breakdown to dg and am wondering - did the offer come from dg or was it from colin langdale at hsbc (this would be a very belated offer to your lba) - i'm just curious as dg usually request a breakdown before they make an offer - but they are swamped at the moment and therefore may be are changing their routine a bit.

i'm hoping it is from dg as that means you are very, very close to a full offer.

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yes, we've been here before - with others - and the 80% offer is just one week before the full offer. think of it this way - why would they offer anything at all if they think they can win in court, they can't, so they offer a portion hoping you'll say "ohhhh, maybe i'd better take it - it's close, and they might not offer again and it's nearly xmas and and and."

it's a delaying tactic - hoping you will halt your claim.

this is a two pronged thing from dg - also at the same time - because your 28 days is up - they will have filed a defense - and you will get the court notification about it - just put it aside for now (although look at the deadline for the aq as that is your new deadline) they file even when they are in negotiation with you - it's just the dates come up - they file - so don't panic if you see it's defended on mcol or when you get the paperwork. that is all quite normal. but most important, you are in the final dealing phase with them - chin up. nearly there!

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look on your thread, i've responded there - but am i reading this correctly - you think the letter was sent by Kate V eaves - sounds like a case on here to me - haven't heard that name before with dg but then julie kyle left so, who knows...... check carefully and anyway - send it to debs. she seems to get things done, after a fashion.

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  • 2 weeks later...

i think it's worth a call/e-mail/fax, whatever you choose - but wait until after tomorrow's post - they usually answer within a week - but things must be hectic there. after the post tomorrow - if nothing - get in touch and tell them that with xmas post and all - you can't possibly leave the aq too later and will be returning it at the end of this week. (i'd check where the aq goes - local court? and see if your aq deadline is the 27th, when is the latest they would accept it - just so you know where you stand - i'm thinking with holidays and all - it isn't cut and dried - give the court a call). whatever, if you don't have the money - you will need to file it and get that money back from dg. although come to think of it - if it is below 1500, i don't think you pay - check it out in the faqs about aq's. but don't miss the deadline if you haven't been paid.

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steve just said on his that the courts are closed on the 27th which is what i was wondering about - so definitely worth a calll to see which way they will call it - before or after - that makes a big difference to your aq. maybe doesn't apply to all courts - check it out.

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