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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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Birmingham Midshires


JULI99
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Hi Everyone

 

Got All My Others Nicely Underway And Am Now Starting Out On Another Quest.

 

Got Charged Erc On My Mortgage But The Total Written Down Was Including A Thing Called A Vacation Fee, Only About £80 But Wondered Could I Get It Back.

 

Every Little Helps

 

Juli99

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Hi Juli

 

Someone on this site got their £150 vacating fee back. Funny how that fee is a different amount. Thought it would be the same for everyone. Probably the fee is in stages depending on how much the mortgage is.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi Juli

 

Someone on this site got their £150 vacating fee back. Funny how that fee is a different amount. Thought it would be the same for everyone. Probably the fee is in stages depending on how much the mortgage is.

 

Uk

 

Or knowing the way these charges are worked out could be your account no divided by your door no!

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi Julie

 

Try and claim it is my advice. Someone did get their vacating fee back recently.

Here is the link.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/34495-mortgage-charges-vacating-fee.html?highlight=vacating+fee

 

Good luck

 

Uk...

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 3 weeks later...

Recieved reply from my prelim letter from BM. Seems pretty standard but last paragraph states I have reached the end of their internal complaints procedure and do not feel that further correspondence with me on this matter will help resolve the complaint. Do you think I need to do an LBA or go straight to MCOL.

 

Will copy letter out fully on Monday.

 

JULI99

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  • 1 month later...
  • 2 weeks later...

Sorry for being away for so long, got disconnected from the internet for reasons unknown to anyone on 21st December and have been battling to get back on line ever since. Router still not up and running.

 

Recieved back letter in reply to my LBA saying that they had already said everything they had to say in previous letter.

 

Going to get everything up to date and then off to court we go.

 

Juli99

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Juli99, Shovey, BM are renowned for not providing information. Their systems were assessed and upgraded when they were taken over by the Halifax. This massively increased their ability to manage existing accounts, apply charges and foreclose on those they didn't consider profiitable. You need to state clearly and specifically the information you have requested from them. You may then show the Court that the requested information has not been forthcoming.

 

Most importantly, you will be able to show 'concealement' should they try to use the S5. Limitation Act as a defence. Charges against mortgages go way back, and S32 covers concealement with respect to discovery.

 

Have you made a Subject Access Request with them? Be very specific with the information you are requesting. BM deny they have microphiche records - but have later released them. These records are held in a 'structured' format and therefore must be disclosed upon request. I have previously posted a SAR specifically for info they have refused for mortgages. Their systems have a 'notes' facility, which you are also entitled to, as you are the data subject.

 

I'll try dig my post out as my own letter is specific to my case.

 

Tip: Request all information (request EVERYTHING), then point out information they have failed to provide (the Court can order disclosure of this if you bring their failure to provide it to the Courts attention either by Letter Before Action, Allocation Questionaire, Court Bundle.

 

Tide

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  • 1 month later...

BM are still holding out with me, but I have proceeded with caution as I have a fairly big claim. If it's any consolation, I have them banged to rights in several areas and they know it. They are therefore playing the legal / waiting game which the Courts are getting fed up with.

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