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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
      • 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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Dreaded insurance blemain help needed


Amygav07791
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How can I stop these people they say I owe 4-5k for there insurance while I had a loan I've paid my contractual payments I complained to the Ombusmen but it was over a certain time but they tried anyway now they have closed the case so they must side with blemain so now I'm stuck

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Ombudsman are usless in fact they are not even that good! ask them for a copy of the policy for the period they are charging from ask them to prove they actually insured you. did you have your own insurance?

 

Yes I had buildings and contents insurance but not with there name on it as I wouldn't do it cause they already has it secured on my house and although this was in the small print it was not mentioned to me until the loan had well started

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Basically its quite normal for a lender to insist that you have buildings insurance, on a property that is used for security, if you have done that and can prove it, then, i would have thought that if someone else no matter who they are cant insure the property as well as only one of you can claim if somthing happens. (but this needs looking into) its clear that Blemain use this as a money making machine, to rip off its customers by charging them extotionate fees well above the going rate. so the first thing that needs looking into is does their "insurance company" exist or is it thier own in house company. secondly by blemain insisting that they are put on the insurance in preferanceto you would be deemed a unfair term in the contract which if you read through "welsh person"s threads i am sure he coverd this point. The unfair term of contract is key and they would not want to see this in court and lose as the implecations would be damaging. But unfair they are! and unfair term it is, its very difficult getting a good solicitor that knows what they are doing whith contracts but they are out there.

But to answear your original question if they cant produce the proof then it dosent exist! if they can they have exercised the unfair term of the agreement.

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