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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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wonga refund offered/not seen by me/now refusing to pay


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Any advise. I've had a payday loan from wonga which I paid off last year. I complained to wonga saying I thought they had landed irresponsibly lent to me. This was in October last year and they responded by saying they didn't have time to review my case in the 8 wk period, they would get round to it basically when they could , if I wasn't happy then I could contact fos.

 

Then I get another email in April this year which was blank (not downloaded from server). I then got an email in April saying that I have not responded to their offer and I had 5 days to respond? I was puzzled as had not received an offer, which I replied I had only received email which said they could not review my case in October. No response from them. So today I'm going through all my old emails and the email from April had downloaded from the server reading that they have awarded in my favour and they landed irresponsibly offering me £1500 back.

 

I would've responded straight away if I could read the original offer. Wonga are now saying that the case is closed, and they can't give me this money even after agreeing that they will. Anyone know if I can still go to the fos at this stage.

Edited by citizenB
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Have you rang and asked them?

 

My other half was in the same situation because she doesn't check her emails, she rang them and explained and even though she didn't respond in there time frame they put the money in her bank within 3days.

Bigboj

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Yes I have rang them, they are being incredibly difficult after seeming being eager to refund me. Just been on hold for over 18 minutes with them only for them to say my complaint is marked closed. Thing is they didn't respond in adequate time anyway, it took them 6 months!!!

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You can certainly take this to the FOS as you have 6 months from the date of their final response to the complaint. I would email them explaining that you didn't receive the email and you would like to accept their offer. Say that you would like to avoid any further delay and unnecessary use of the FOS's time, especially as they have admitted that the lending was indeed irresponsible. Say that any further delays to this complaint being resolved would only add to the stress and inconvenience that this situation has caused. Wonga will know that the FOS will rule in your favour because they have already admitted the lending was irresponsible. Please the FOS would add 8% simple interest to the amount, and probably compensate you around £100 for making you go to them after admitting they lent irresponsibly in their response to your complaint. You just need to make it clear to them that you will pursue this and that it will cause you distress. Plus they will want to avoid the £500 FOS fee. FAiling that take it to the FOS - but this does take a loooonnng time.

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