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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
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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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Homeserve not willing to pay for repair on boiler.


alggomas
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Please advise...Thanks.

 

 

Long Story:

My cover With Homeserve was nearing expiry. I had a letter from them asking for £555 a year [approx.] to continue my cover. After a chat they were willing to reduce to about £32 a month. Still too expensive.

I said I would let the cover expire.

I then rang Homeserve servicing department and asked them if this years service was still covered. the lady said yes. I told her that my cover was due to expire. She said it did not matter as I had paid for this service with my cover.

 

 

I booked a service and pointed out it was after expiry of my cover. She answered as above.

The engineer duly came. he cleaned the boiler and put a new seal on the inner door of the boiler, checked the outside flue. That was it. He did not check the flue gases.

I have never had any paperwork from the Homeserve subcontractors over 3/4 years!

 

 

I then Joined Home Energy Service. They required a boiler inspection before the cover started.

They came 2/3 weeks later and cleaned the inside of the boiler and tested the flue gases. They found it was "over the top" and was in a dangerous condition and disabled the boiler.

The engineer stated he would contact his office to have the flue repaired on my cost as the boiler had to be in good condition before they would agree to cover it. He then gave me relevant paperwork.

 

 

I phoned Homeserve asking them to pay for the repair. After saying that the policy had expired and I countered that I had already confirmed that the service was included, they came back to say that the company that carried out the service stated to them that a "full service had been carried out and the boiler was safe".

Homeserve said they would send a copy of their worksheet and a letter confirming they would not pay.

 

 

Every time I ring Homeserve they say "all calls are recorded". Do I pay £10 to get the information from them?

 

 

Do I have to get an outside party to examine the flue before I do anything else please?

 

 

My mother in law is a frail 97 years old person and we have no heating.

 

 

Where do I stand please? I wish to go to the small claims court.

 

 

Sorry it's so long.

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Hi alggomas and welcome to CAG.

 

Yes the fee is £10 to request a DSAR for all the information held...the template can be found in our Library.

 

With regards to any possible litigation...I think you may struggle as exiting from one contract with one company and entering a fresh contract with another and trying to place liability may be difficult to convey or prove.

 

But lets see what comes from your DSAR and what information is usefull.

 

Regards

 

Andy

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