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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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Thomas Cook delaying tactics


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It is of course possible that all 32 did book together.... it can be done. The above poster does have a valid point though. Maybe they did book in dribs and drabs. Were Thomas Cook the only T/O to use that hotel??

 

Sometimes T/Ops are the only company to supply a particular property in the UK, but in most cases, there maybe 3 or 4 different companies all using the same hotel, not to mention all the accommodation only companies (theres around 15 or more of these!!)

 

If you want to find out if TC is the only op to use this property in the UK, all you need to do is look in the brochure, it will clearly state it in there (I would be very surprised if it doesn't) Or pm me and I will find out for you.

 

All correspondence should be going to the Bradford office too, thats is their HQ.

 

It could be that TC did not book these guys, then you have no complaint against them. It could be that they did book them..... should they tell them they cant go on holiday together to that hotel, should they dictate to them where and when they can go??

 

Of course its not a nice experience I'm sure and I'm sure I would complain too. I think to expect compensation is a little too much, though there is no harm in trying!

 

Heidi

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I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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Hi, no I dont work for TC, I work for an independent Travel Agency.

 

If these guys were British then its plain for all to see that TC did book these guys.

 

You are in a difficult position now because TC could argue the point that they cannot or will not refuse a holiday to people just because they are a large group. Group booking are very lucrative for any booking agent.

 

The rugby players more than likely booked through an agency rather than through TC direct (which you may or may not have done), and of course is this is the case, then the agent will have had no way of knowing any different.

 

You are right in what you say, you dont ask you dont get!! I hope you get something back from them. I also think to a point that TC should take some responsibility for the behaviour of the customers, if theyare behaving in a manner that is upsetting other poeple, then that is not on in my book. I have stayed in places where similar things have happened and people (the culprits) have been moved out of accommodation, and not re-accommodated elsewhere.

 

I'm sorry I'm not much help on this one! I just want you to understand the arguements you may come up against so you can prepare yourself with and even better comeback!!

 

As far as other issues you have, I would continue your complaint, theres no harm in trying!

 

Heidi

I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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  • 3 months later...

Hi,

 

Any news on this? Sorry I dont know the statistics with TC defence of conceding!! Not much help am I!!

 

Heidi

I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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