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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 
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    • 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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Background: I my rush to reclaim my money back and before I found the CAG, I sent 3 DPA letters and £10 payment using another website's template, 2 weeks ago, example below.

 

Re: Data Protection Act 1998 request for [insert your name, sort code and account]

 

Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 (the ‘1998 Act’) in relation to all charges which you have applied to my above noted account within the last 6 years from the date of this letter.

 

If you require any further information please let me know as soon as possible.

 

I enclose a cheque in favour of your bank in the sum of £10 with respect to the maximum statutory fee for processing this request.

 

I look forward to your response within the maximum 40 day timelimit under the 1998 Act.

 

After finding and reading the CAG template, which seems far superior, mentioning the human intervention, and disclosing the fact that I intend to reclaim disproportionate penalties, and the costs of reclaiming those penalties.

 

Q): Would it be wrong to send a second (CAG template) DPA letter?

 

Q): Do I need to send another £10 even when the respective banks have cashed the earlier cheques?

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Welcome to the site.

Your request for statements under the act as well as sending the fee should be enough.They will be more than aware of why you are asking.The manual intervention aspects have not been seen to be arguements that any of the banks have been able to put forward as a defence so far.

More important will be the claim from hereon.

Read as much as you can and start your own thread.Prepare well and get an insight into procedures.

You will of course now be able to use the CAG temp letters for the next stages,which will give them no doubts as to the route you are taking.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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