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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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Visa Debit Card Chargeback refusal


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Hi,

 

Hopefully you can give advise on my next step regards my complaint.

 

 

I am trying to be fair with my bank and only asking for my original payment of £120 to be reimbursed, I am not asking for payment for the time and effort I have put in to writing these letters and sending these recorded delivery, the 8% interest, and the added stress this has caused me as a pensioner and full time carer for my son who has severe mental health issues and trying to make sure he isn't sectioned again by making sure he is taking his medication. I really could do without all this on top.

 

I feel if I don't get a satisfactory response this time I feel I will make a claim for the stress caused etc, the whole process has been shambolic from start to finish.

 

Here is the time frame at the moment from start to finish and where I am currently at with my complaint :-

 

26/11/2014 - Item bought for £120 as a Christmas present for my grandson

 

5/01/2015 Item broken after just over a week, Emailed seller with no joy, so sent item off for repair, told it was unrepairable by a reputable company.

 

20/02/2015 (86 days after purchase) - sent letter recorded delivery to my bank asking to inititate a chargeback.

 

28/02/2015 (94 days after purchase) - Received letter from Fife office saying they needed proof that I had returned item, or at least tried all avenues to try and return item.

 

09/03/2015 (103 days after purchase) - After giving seller time to supply said information to return item and receiving no reply, I sent another letter recorded delivery with all information of trying to return item, I also sent photographic evidence of the damage to the item I got from the reputable company I sent the item to be repaired at.

 

This letter was signed for at the Halifax office in Fife on the 10/03/2015.

 

I received a text asking to ring the Fife office on the 16/03/2015 (110 days after purchase) I rang and they were unsure of why I was ringing, I explained the situation and the reference number of my complaint, They checked the system and were adamant that the letter I sent recorded delivery had never arrived I gave the tracking number and name of the person who signed for it. at the Fife office. They said it wasn't on the system so couldn't have been received, Not wanting to argue I said can I email all the information which I did on the 16/03/2015 (110 days after purchase)

 

07/04/2015 (132 days after purchase)

I received a letter from head of debit card disputes saying I was now out of the time limits that Visa International set for disputing a debit card payment so therefore they would not be able to claim a chargeback for me and that is the end of the matter as far as they are concerned.

 

I have sent a letter today giving them 14 days to rectify the situation, I keep all receipts and copies of information I send including tracking numbers which I have sent to her, which shows I was well inside the 120 day Visa International limit.

 

I am unsure of my next step? Do I go to customer services, or go to the financial ombudsman?

 

I am pretty certain Halifax debit card disputes will refuse to reimburse me as they can't now initiate a chargeback as it is over 120 days which Visa set, I just don't feel it is fair me being punished for shoddy administration practices which has happened in this case. They had the information well within the 120 day limit.

 

Thanks,

 

Rosemary

Edited by masterintoo
wrong date on one piece of information, tidied post up, still getting to grips with this internet lark lol
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Hi and welcome to CAG. I am sorry you got missed.

 

My feelings are that as you made a claim before the 120 days, it should stand and that Visa are doing their usual trick of trying to get out of it.

 

By my replying, your thread will be 'bumped' on to todays posts where someone with the right knowledge can help.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi and welcome to CAG. I am sorry you got missed.

 

My feelings are that as you made a claim before the 120 days, it should stand and that Visa are doing their usual trick of trying to get out of it.

 

By my replying, your thread will be 'bumped' on to todays posts where someone with the right knowledge can help.

 

Thanks for the bump :) Reading up on here it seems the financial Ombudsman may not be the best route anyway so I am glad I started the thread and have been reading your forum. I have been looking up at the small claims court and price wise I should just about manage to afford it, Hopefully somebody can confirm a good route for me to go down or whether I would be wasting money with a case I can't win. If I do have a case and I am forced to go to the small claims court by Halifax I will be claiming for much more than the £120, the stress caused has been massive and within the time frames above my son has been with the crisis team again. Partly caused by worrying about this I feel.

 

Banks are absolute animals they really are, talk to you like a child, try and trick you when talking on the phone, It has would me up so much I refuse to talk to the bank about anything regards this case and want any communications formal with written letters.

 

Thanks again,

 

Rosemary

Edited by masterintoo
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