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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
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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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Vodafone duplicate payments


billy_79
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I have a business account (not sure if that affects things) with Vodafone, monthly rolling contract paid by monthly DD. In May I ordered some new PAYG handsets from via their web shop. I paid for the order by VISA business debit card, phones arrived, everything good (except that they hadn't provided a VAT receipt that I required, but I've since managed to extract that from them).

 

However, my next monthly direct debit payment also included the cost of the handsets, and then I found it shown as an outstanding amount on my latest bill. I phoned them and explained the situation, they said they couldn't find a record of the debit card payment (but admitted it was not possible to order on the website without cleared payment), and that it must have gone into one of their 'other' bank accounts.

 

I was advised to request a DD indemnity claim to recover the payment back into my bank account, which is what I did. Then I start getting letters from Vodafone about being in arrears, I have discussed this with them dozens of times by telephone and email (even emailing the CEO, fat lot of help that did). All they say is that they have no record of the payment and that I have to provide proof by sending them a copy of my bank statement. I've sent it to them 3 times, but they say that they haven't received it.

 

They blocked my numbers from outgoing calls last month, and I kicked off at them, they agreed to unblock them while they investigated (it'll take 10 days to locate the payment apparently), but I never heard back from them. I got in touch to request an update and they just requested my bank statement again.

 

Today I found that my numbers had been totally disconnected (number not in use). I phoned them (from another number), and it took them 30 minutes to even locate my account as it had been closed down! Their best suggestion was that I take my bank statement into a Vodafone shop and they could phone customer services to confirm that I had paid in the first place. My nearest Vodafone shop is a good hours drive away though.

 

In the end I've had to pay them (over the phone) again to get my account reactivated, my business is totally dependent on these numbers. I have now contacted my bank to request a charge back on the original payment, and I'm waiting for their response (Vodafone recommended all along that I didn't do this, but to wait for them to locate the payment instead).

 

Is a chargeback request likely to get me anywhere? Firstly, there appears to be 120 day limit, and the transaction is 126 days ago, but it's less time since I first found out about the problem. Do charge backs work the same with business debit cards as consumers? A charge back will require Vodafone's agreement, although since they say they can't find the transaction, I don't see how they can disagree!

 

This has cost me hours (probably days) of my time chasing, I've been disconnected twice, and lost my primary business comms, no idea if I've missed/lost orders because of it, but potentially. Now they want me to spend half a day visiting one of their shops to resolve their cock up. I issued them a notice before action on 29th July, can I just start a small claim against them now? Not sure what that would mean for my account with them.

 

I would switch to another provider, but O2 are the only other one with decent coverage round here. I used to be with them, but they kept having outages on their local cell tower (up to 10 days at a time), which they never admitted was a fault or resolved.

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Hi billy_79,

 

Thanks for making me aware of this.

 

If you'd like me to take a closer look at things, email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

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Vodafone UK

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