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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
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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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Spark Energy back-billing/bill 'correction'


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Well that's quite worrying - if the under charge was 409 kWh then they're charging £1 per kWh which is ludicrous.

 

In cases where a supplier makes a mistake, the billing code definitely applies.

 

If they received a meter reading which was out of line but didn't investigate it, then that is their issue. Only in instances where customers give false reads or deliberately avoid receiving a bill (such as not informing of a change of occupancy) then the billing code doesn't apply. It would be very interesting as to how this plays out. If I were you I weould also be asking for some compensation for the inconvenience, and for having to wait so long for a refund.

 

Make sure you deakl with them only in writing from now on - probably best to email the CEO; whilst it's unlikely he/she would even look at it the complaints do then tend to be dealt within a more serious manner

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Sorry for the delay, been a little busy at work.

 

There's no reason for you not to switch suppliers sooner; they will still be able to rectify the issue provided they receive the correct closing read from your new supplier (ie make sure you give your new supplier a read to open your account with) Make sure you check an OFGEM approved price comparison site to get the best deal for you.

 

If I were in your position, I would ask them for a break down of all of the meter reads received, the date they were received and who provided them. I would also ask for a table showing what reads were used for billing and when; including all cancelled bills. They should be able to provide you with this quite easily.

 

They will have all of the meter reads, they have to keep them. Meter reads are received from the meter reader on what is called a data flow - they will most definitely have acccess to these - simply don't take no for an answer!

 

In terms of applying the billing code, the supplier has a duty to validate meter reads. It would therefore be really handy to see what the meter reads were that were used for billing on what date, and any other reads that were received on any dates inbetween. A supplier can invoice back one year from the date of the first correct bill, so for arguments sake if they corrected an issue today, they would be able to go back to 28/01/2014. Any extra charges for before that date would need to be removed.

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