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    • Hi. I am reading through the full thread and will continue to research. I have come across a reference to a form called N180 DQ in the thread, but I cannot see any reference to this form in my case nor can I see it on the MoneyClaim website. Should I have been sent this form? Thanks 
    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
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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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    • 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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Mini UK - Handing back a mis-sold car?


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I'm looking for some advice if possible as I believe I've been mis-sold a car.

 

 

The car in question is a 2015-plate Mini Cooper SD and picked it up back in March this year. It was 'bought' on a 4yr PCP deal and the car was already at the main dealer premises having been 'pre-reg'.

 

 

I stressed to the salesman on three separate occasions that I go kayaking and therefore the car must be compatible with roof bars. On the evening when I collected the car I explicitly mentioned it again and he responded by saying that "yeah, there is something available that clips onto the trim around the roof". If you've driven a Mini you'll know that this trim is plastic and not structural.

 

 

I therefore looked into buying roof bars and decided to go OEM as I've always done this in the past, however it became apparent that you can't simply buy and fit these roof bars. It turns out that the car must be spec'd for this at the manufacture stage and given that mine was already on the lot, this was never an option. Needless to say, the salesman never thought to mention this and had I known that this was the case then I'd never have gone through with the deal.

 

 

Following an initial complaint, the dealership then offered to have the equipment 'retro-fitted' for around £1000. This worried me because when checking Mini forums it was noted that you couldn't retro-fit roof bars to the cars as they must have 'strengthening' works done during manufacture. Infact, one user went on a factory tour and was told by factory staff that retro-fitting was not possible at all.

 

 

I spoke to Mini UK who have since told it can be done and I've managed to get them down to £300 outlay to me which they say is the cost of the roof bars. Given that never paid more than £180 for OEM roof bars I queried the cost with other Mini dealerships (parts depts) who all to a man said that my car was 'incompatible' according to their systems.

 

 

In addition, my paperwork on the deal stipulates that the car is a 143bhp version while I was explicitly told that it was a 2015 170bhp version.

 

 

I have no trust whatsoever in the dealership and would like to look at handing back the car. Is it possible given the lies from the dealer staff above?

 

 

 

 

Thanks

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Although there is no specific time by which rejection has to be done, 5 months isn't too long and you can easily argue that the time period for rejection doesn't start until you find out that you were misled and the car mis sold.

 

 

Unless you can record the calls, don't contact them by phone. If you make face to face contact, have your mobile in your shirt pocket and record the conversation otherwise, make all communication by letter. If you think they might not admit on paper they mis sold it, then maybe recorded telephone calls or recorded face to face would be in your favour.

You don't have to inform them you are recording, it is not unlawful to do so.

 

 

I can't see how they can fit a roofrack to this car as that will either increase or decrease the value and as the final balloon has been calculated from the outset value it could well invalidate the pcp.

 

 

You should list all the problems and the assurance you were given at the time of purchase, emphasising the car is not fit for the purpose which you repeatedly informed them of and when you found out it was not the bhp of the car you were told you were buying.

 

 

You should tell them you reject the car for either the one you requested and they said they were supplying or to accept the car back without any financial penalty to you.

 

 

We can only assume that the value of the 170bhp is higher than the 143bhp version in which case the pcp could have been mis calculated and you maybe making higher payments than you should be.

 

 

With a PCP you do have full protection under the Consumer Credit Act 1974 and the Financial Services Regulations 2004.

Edited by Conniff
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Raised complaint directly with Mini Financial Services today (finance through them) so expecting a response within 72hrs. All being processed under a request for them to take the car back (Rejection) and refund me the trade in value of my old car. Not sure how successful this will be but fingers crossed.

 

Thanks again Conniff for the advice

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You might need to push a bit and not just take the first response from them as their final answer.

 

You can compare your problem with being sold a Nova 1200 when you told the sales you wanted to tow a 6 berth caravan or horse box.

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