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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Alleged overpayment by employment agency


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To answer earlier posts: Amount alleged is 3k - still not verified as awaiting bank statements. I did not in actual fact 'work' for these people. Officially the umbrella company is 'employer'. They pay umbrella company who pays me. I don't know if this makes a difference.

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Let's keep it really simple.

 

"Do you have (or have you spent) money that does not belong to you"

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The law is pretty clear-cut on this. When someone pays you money by mistake, you have to pay it back. This applies to a wide range of situations from someone entering the wrong account number when doing a transfer to overpayment by employers.

 

Broadly speaking the exception is where you can prove that you relied on the mistake/overpayment, in good faith, and it would be unjust for you to be ordered to repay the money. This does not apply to your situation since you know there has been a significant overpayment and since you still have the money.

 

If you do a search through CAG you will find a number of threads where the law on this has been discussed in more detail.

 

If we were talking 100quid or so you might get away with it. As we are talking about 3k most organisations would be prepared to take it to court if they had to.

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Emmzzi is right, the OP has said that they were paid twice after leaving the company by mistake.

 

The amounts are irrelevant really as long as they are accurate. The OP needs to pay it back or potentially face Court.

 

The amount could be (note: not 'is') relevant.

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