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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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EE bill


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Hi lostforwords

 

No you shouldn't accept it, if you called them and this wasn't explained to you, then they have mis-sold the package to you.

 

Saying it's in the terms & conditions etc doesn't make a difference because you should have been told at the point of sale.

 

http://www.which.co.uk/consumer-rights/problem/i-may-have-been-misled-by-my-mobile-phone-provider

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (purchased plan over the phone), how they have let you down (the length of text wasn't explained to you so the plan was mis-sold, if you had been told that, you wouldn't have taken it out, not warned credit limit was exceeded, poor customer service regarding your complaint etc) and what you want them to do (reduce bill to £8 for the month). Explain that your happy to take the matter further.

 

Send it to:-

 

Ms Francoise Clemes

Chief Customer Officer

T-Mobile UK

[email protected]

 

Let us know how you get on.

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What you say would make sense, but only the fact that when texts are sent within the UK the customer isn't charged for the length (161) of the text, so the customer is well within his rights to state that the plan has been mis-sold, even if the manual states that they are separate texts.

 

This hinges on a customer's understanding of what defines a text message. A text message is 160 characters, anything more than that (e.g. 161 characters) then the phone will send it as two separate texts and the phone that receives it will then combine it back into one message. This is known as a concatenated text message.

 

From a customer's point of view "i only sent one text message". From a network's point of view "we delivered 2 text messages". I don't think that it would be appropriate to explain concatenated text messages at the point of sale, as essentially that is a phone feature and should be covered in the user guide. So, how is customer meant to know this? Basically, read the user guide for the phone (as this is a phone feature).

 

Anyway, this is building up to my point. If it's in the user guide explaining that texts over 161 characters are sent as separate texts then i can't see you have any room to manoeuvre. But if it is not mentioned in the user guide then IMO you've got the evidence to have all of these charges dropped. (this is assuming you got the phone from EE as well)

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In your email to the Ms Francoise Clemes, Chief Customer Office, make your complaint, explain that you will not be able to deal with the matter until you comeback from holiday. State that you are disputing the costs of the texts sent, as the plan was mis-sold.

 

Rebel11 and Jacktheband thank you both for your answers.

So what happened between the moment I started this thread and your response back to me:

my husband received yet another phonecall from EE pressing for us to accept the offer of -180 Pounds on the bill. As we never had such problems with any supplier and we have an immaculate billing record, we are not used to be in such uncomfortable situation. Being concerned that EE would have disconnected the line whilst we were on holiday (abroad) he decided to accept the reduction and eventually paid the amount required (minus 180 pounds).

Back from the office, on his way home, he stopped at the EE shop (where we did the contract for our phones) and explained to the manager our issue. The manager of the shop said he would have taken this problem in his hands. He is planning to speak to his boss, Regional Manager, in 2 days time (as the RM is on holiday at the moment) and ask him (the RM) to call my husband back and see to reduce further more the costs.

 

Now, individual replies:

@ Rebel11 - Thank you thank you!! I totally agree with you and I think that is the right path. I am just concerned that, taking a considerable amount of time, they will disconnect my phone again, as my august bill is about to be billed (23rd of August). I went to see the links you sent me and, as you rightly said, the fact that the did not tell us about text length nor they did not warn us about exceeding the limit, is clearly stated as a mistake from their side and something we can appeal against. Do you think we can still appeal against this bill once we will be back from holiday on the very same grounds you detailled here?

 

@ Jacktheband - Thank you for your input. We did buy the phones from EE but, being them IPhones, we only received the standard user guide that Apple provides. I can look into the clause you are mentioning but, if I understood well your point, I would probably stand no chance at all anyway, as if "text messages must be 160 characters" this is it anyway, written on the user guide or not. Or maybe I did not get your point correctly? On top counting the characters means also spaces, commas, dot, apostrophes...Am I right?

 

I will be leaving for my holidays tuesday morning.

Hopefully I will receive a good-news call from the RM before I leave. I will keep you updated with the new steps. If you have further advice it is welcome.

Meanwhile have a good day and thank you very much again.

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