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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.

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      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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sky broadband and talk overcharging


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So last year after having sky talk and broadband for a year my contract came to an end.

 

I wasnt happy with another price rise so rang them saying unless they brought my bill down I would leave. the projected bill was to be £25.90 a month after a third price increase in a year.

 

After some hard bargaining and temper tantrums I got an agreed reduction down to £15.90 a month and started my new contract.

 

The first payment of £15.90 went out as expected on 11/12/13.

 

Since then theyve hiked my bill back up to £25.40 a month and are refusing to accept that I had a reduction put in place, despite the exact right amount going out in december last year for the first payment.

 

They are refusing to reduce my bill and are saying theyll pursue me for the full years contract if I leave, despite the fact that they arent honouring the reduction they gave me.

 

Now, I specifically clarified on the phone to their customer service that th reduction to £15.90 was for the full term of my contract and not just a one off. In fact I went over it about 3 times to make sure I had it right.

 

Now Ive been whacked with £30 worth of bank charges as I wasnt expecting the bill to be what they requested.

 

They seem to be ignoring my requests to explain why a payment initially went out as agreed, and why its suddenly gone back up. They just say my bill is £25.40 now, like it or lump it.

 

Advice anyone?

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Sadly, nothing. It was agreed over the phone.

 

All I've got is the initial payment going out as expected at the agreed amount after I complained.

 

Sky are completely ignoring the fact that this payment went out and just flatly stating my contract was £25.40 all along.

 

I've pointed out the while point I complained I'm the first place was because it had increased to that, if I complained then, why would I accept it now, 2 months later?

 

And they won't even acknowledge or explain the initial payment at £15.90, seems they're trying to ignore the fact that it even went out in the first place.

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the 15.90 payment

 

can you post up your part of online billing how they come to that?

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  • 3 weeks later...

Quick update after weeks of rowing and refusing to back down I seem to have got somewhere.

 

Sky said theyd arrange to have the calls listened to, and then changed their minds and said they didnt have the facility to do that.

 

I stood firm an demanded they actually did, and they finally gave in agreed to lower my bill, although not to the full discount I orignally agreed on. However, Ive got them to agree to a reduction of £5 a month plus refunding a bank charge, plus backdating the bill reduction on my next bill.

 

So not a complete victory, but maybe the best compromise in the circumstances :)

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