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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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2nd chance after Plevin ?


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Claimed against RBS which took a long time to get answers after an initial refusal, so I could make an appeal to the Ombudsman. In effect it timed out beyond the 6 months due to the delay getting what I wanted from RBS.

 

I then asked RBS to look at the claim again a couple of years later as I know the claim was good. So many things that weren't done that should have been. They rejected it.

 

I have just seen the Plevin result in the Supreme Court about non disclosure of commissions.

As this wasn't covered in my original claim is it possible to construct a new claim based on Plevin as well.

 

Failing that can I make a court claim. I am still within the 6 years but I have no idea how to make a cliam where thw amount is unknown.

I have seen some previous posts which shows how to do it from a SAR and release of all documents but this is too heavy for me.

Could I make a claim for an ad-hoc amount such as "for an amount to be calculated by RBS in-line with their standard amortisation should a court find my claim to be substantiated.

 

In any event, a Plevin based new appeal for non disclosure would be nice if it were possible.

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for ref/info (plevin mentioned)

'...The FCA has also made final rules and guidance related to how firms should handle complaints in light of the Supreme Court judgment in Plevin v Paragon Personal Finance Ltd (Plevin). The Plevin decision means that consumers may have new grounds to complain about PPI regarding the amount of money that the providers received for the sale if the failure to disclose that commission made the relationship unfair...'

https://www.fca.org.uk/news/press-releases/fca-finalise-plans-place-deadline-ppi-complaints

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  • 2 weeks later...

As above, the recent Plevin ruling by the FCA does allow for previously rejected complaints to be reviewed, so I don't believe you need to take this through the courts just yet. Although I wouldn't rely on RBS to contact you about a new investigation. I would write to them again and ask in light of Plevin will they kindly reconsider their previous decision.

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