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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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client care letters


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Does a solicitor who represents a client have to present the actual dates of events occured, are they obliged to give the correct limitation on their care letters such as the minus one day, would month to month periods be incorrect.

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can you be more specific? What events, presented in what format, to whom?

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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Someone has said to me their care letter only has said they would have had a good claim but as you resigned in x month/year, the deadline for bring such a claim would have needed to have been before the end of month/year. [/b] It does not give the correct day/month/year of their letter for each period, and no indication of the three months minus one day time limit.

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No, there's no legal or regulatory requirement for any of those things on a client engagement letter.

 

As good practice, and to avoid any allegations of negligence, a solicitor should always confirm their advice in writing, including limitation dates. However, any decent solicitor would write down every detail of every phone call and meeting with a client, so if they were warned about limitation, the solicitor will have fulfilled their obligations.

 

It sounds like it's irrelevant to your scenario in any event if limitation has already passed.

 

Edit - it sounds like a letter of advice rather than a client care letter, though.

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no this is an upcoming one HoneyBee a different one. I'm trying to get this one sorted before it reaches the end

 

the case law they need they've found themselves, now, plenty of time for their upcoming full tribunal

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