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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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      • 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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My partner's Brighthouse.

 

2 accounts, totalling £6.37. Missed a week's payment. Charges of £11. That comes under the description of unfair charges as it exceeds the amount of payment missed.

 

Manager utterly refused to remove despite the fact I've had previous charges removed for saying they're unfair (and before anyone says, SAME store). But then again this is the same store that had a manager signed OSC removal form and never removed it....

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Write a letter to their head office with the nornal template adabted for you demanding that the charge be reversed as it is an unlawful penalty charge etc.

Use horizon proof of postage at post office.

 

Give 14 days etc

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thats when you do the next step Letter Before Action, wait 14 days and file with court. FOS = waste of space.

I had a case against a bank. FOS sided with them. I filed court papers and they settled 100% before court.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Good Morning hyperjase,

 

Thank you for bringing this to our attention.

 

I have raised your issue with the Regional Manager who will contact the account holder directly within the next 2 working days to discuss this further.

 

If you or the account holder would like to discuss your concerns further in the meantime, please contact the customer relations team on 0800 526069 and quote the reference number 102496.

 

Alternatively, please send an email to [email protected] with ‘CAG Reference: 102496’ in the subject line.

 

Many thanks

 

Jason

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Afternoon hyperjase,

 

We are aware of your account details from your previous posts.

 

The Regional Manager is aware of your situation and will call the account holder.

 

If you wish to discuss this in the meantime with our Customer Relations Department, please call 0800 526069

 

Many thanks

 

Jason

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Afternoon hyperjase,

 

We are aware of your account details from your previous posts.

 

The Regional Manager is aware of your situation and will call the account holder.

 

If you wish to discuss this in the meantime with our Customer Relations Department, please call 0800 526069

 

Many thanks

 

Jason

 

Reccomend you demand all contact in writing as papertrail is key to issueing a small claims case for penalty reclaim.

 

What is said on the phone can be denied later

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Reccomend you demand all contact in writing as papertrail is key to issueing a small claims case for penalty reclaim.

 

What is said on the phone can be denied later

 

My case against the banks was for charges plus interest in restitution which for me was 29.99% ci on every charge.

 

you could justify any interest rate that they have been charging you.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I've emailed as it's more convenient that phone and there is proof through emails they can't deny they said.

 

I'd be more than happy with 8% on the amount they owe me, my request was never even replied to which is good for me as I can nail them in court. Not letting them get away with forcing unfair insurance on me, unlawful charges and mis-sold OSC.

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In any event, I got the amount wrong (pence not pounds) - but I have posted previously but never specific information only the branch we've found to be problematic (like a manager not honouring an OSC removal form which Brighthouse refunded with interest immediately knowing they were fully in the wrong). They also make it very hard to provide change of address details - we can only rent and Brighthouse insist on seeing copies of tenancy agreement. My previous store was absolutely fine with me emailing my agreement in for my account, my partners are just stubbornly ridiculous (refuse to accept anything via email and we struggle to get over there as I work and my partner has our 3 month old baby to look after).

 

Also very curious to find out how Brighthouse can explain why I've had previous charges removed but their "Deputy Manager" said this was impossible. But as with 99.9% of everything to do with Brighthouse, they'll never explain it.

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hyperjase

 

do not agree to anything over the phone.

 

Anything agreed must be in writing. Phone call contents are particularly unreliable anywhere. Unless of course you can record the call. Just inform them at the beginning the call is being recorded.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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@JasonBrighthouse, someone called today and asked for me on the landline (I'm at work during the day). They will have to ring me on an alternative number which I won't give out publicly. I sent an email before the weekend to the Customer Services email address, if someone replies from that I will pass on the alternative number. But as SabreSheep says, nothing will be agreed over the phone, only in writing.

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Good morning hyperjase,

 

I am sorry for any delay that you may have experienced.

 

I understand the Customer Relation team have now responded to your email.

 

Please reply with the information requested and if you have any problems please keep me posted.

 

Best Wishes

 

Jason

Web Relations Team

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From now on I cannot stress how important it is to keep all communications in writing.

 

Please get peeps to check over your P.O.C before sending. Also peeps can help withthe template letter and letter before action.

 

What % apr do they lend money at? I would be looking at that % as interest in restitution.

 

Add on any court fees as they get paid etc as well

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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They now charge 64.7% apr but I've always been charged 29.9% but I was under the impression you could only ever request the standard of 8% per year.

 

But utter proof that they change the goalposts, I've had charges removed before for arguing. Obviously this Deputy Manager and Area Manager are desperate for extra income. Won't let this go either - will pursue it through the courts (yes even for £11).

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8% is standard interest normally awarded by a court under s69 of the county court act.

 

Interest in Restitution is where you receive some of the benefit they have enjoyed after taking your money unlawfully.. If their business Lends money and earns Compound interest then you can claim some of that benefit at similar rates.

 

In order to do that you WILL need to issue a small claims action following 2 letters including an LBA

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Just remember small claims court limit is £10,000

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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