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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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    • 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 ongoing complaint - do I bother?


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Ultimately it was a chain of failures by Thomas Cook that lead to us making the complaint. Without going into too much detail - I raised a complaint with Thomas Cook about circumstances on the flight that exacerbated my partner's (insured) medical condition that is still affecting him. This was alongside being given very incorrect information by a TC rep that was supposed to help our situation but quite obviously didn't. We were then let down at the airport by the complete lack of rep to support us. I had offered to provide insurance documents and doctor's information to Thomas Cook but they never requested it.

 

Today, exactly 28 days after the complaint was made, I received an email (despite asking to be contacted by phone) with no more than an apology. If that wasn't maddening enough some of information quoted back to me in the email was incorrect to the original complaint... Not massively incorrect, but enough to make me believe that the complaint was only glanced over.

 

The question is - do I pursue this or will I just be wasting my time?

 

I'm not wanting a refund or anything like that but we were expecting to be compensated for the inconvenience and the fact that my partner is still struggling now he's back to work. Any gesture more than an apology would have been enough for us but now we just feel angry. Like we've been swept under the carpet.

 

Any advice or similar experiences would be a great help

 

 

Thank you

Kxx

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Hi KRSY123

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (partners medical condition), how they have let you down (their failings with regards to your husbands medical condition) and what you want them to do (compensate you). Explain that you will take the matter further. Include ref no.

 

Send it to:-

 

Cor Vrieswijk

Cheif Operating Officer

Thomas Cook

Cor.Vrieswijk@thomascook.com

 

Let us know what he says.

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Absolutely you should continue to complain. The travel industry in the UK has an absolutely horrendous records in complaint handling. They have an absolute focus, industry wide, on loss minimisation, at all costs - something I am challenging as I go about setting my new business up. Complain hard, fast, and stick to it.

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