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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 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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Claimed too late!


JimAylen
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Hi folks,

How I wish I'd found this website earlier.

Although I'm going bankrupt I only have a £600 claim against The Woolwich for unpaid D/D charges which I sent off a couple of weeks ago.

 

I went slightly over the top; delivered letter to my Branch Manager, posted to Woolwich Head Office and emailed Woolich through their site. As a result initially got multiple 1st responses! Very confusing...

 

Anyway, now had "goodwill" offer of £275 from Barclays which I was going to refuse or accept and file in the courts for the full amount.

 

However, having looked through all the possible messages here I have come to the conclusion that I have to accept this low goodwill offer because:

 

1) If you try to accept the "goodwill" but make it clear that you will carry on with court proceedings then Barclays withdraw the goodwill offer.

 

2) Barclays appear to use almost the maximum time allowed by the court before offering the full amount; by which time I'll be bankrupt, the account frozen by the official receiver, and any money received given to the credit card companies I owe.

 

So all in all I just wanted to say thanks for all the posts of wisdom, I wish everyone the best settlements in the future and thank you for the site.

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Re point (1) - Yes, in all likelyhood, they would withdraw their offer...

 

Overall, it is always down to personal choice whether or not to accept an offer below the amount you know you are entitled to - your circumstances might suggest opting to take the sum offered....

 

But, if their offer is not "full and final" then there is nothing stopping you from accepting it, and then, once banked, persuing the remainder at a later stage (although I'm sure you would need to discuss that later action with the administrator etc)

 

Only you can decide what's best.

 

Good luck

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Offer was "full and final" so have accepted it and consider it closed now.

 

I just spoke by phone to a MR KARL VOLLER who's a Customer Relations Manager at Barclays.

 

He told me that there is a test case going through the courts (higher than County Court) at the moment which all the banks are watching as it WILL set a precedent.

 

He admitted he didn't know what would happen but that was the reason Barclays (and in his opinion a few other banks) are stretching the time as much as possible, in case the court rules for the bank.....

 

Good luck everyone from someone who claimed £600 and had to accept £275.

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He might have been referring to Stephen's case (see other threads) - unfortunately it was a non-result, insofar as the judge decided he was not really able to decide on the issue. But watching Stephen's threads, it is only an obstacle, and something else will be planned soon.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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