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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 
      • 81 replies
    • 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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Barclaycard + Plevin


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Initially I tried to claim mis-sold PPI in 2014 which went to the FOS but was rejected but in October 2017, Barclaycard invited me to complain under the Plevin ruling.

 

Complaint submitted on 15th October 2017, letter from 3rd January 2018 says they haven't even looked into it yet, so submitted to FOS. FOS ruled in my favour, letter dated 1st Feb said they had 4 weeks to make payment. 4 weeks passed, FOS said to give them another 4 weeks.

 

Those 4 weeks have also passed, BC told me it's in a payment queue but can't say when I'll know the breakdown of redress. FOS also said nothing they can do as they've agreed to make payment.

 

It's taken 23 weeks so far and still I have no idea how much I'll be getting or when the funds will arrive. I don't care what it is but I just want information, nobody can seem to give it to me.

 

What can I do from here to kick them into gear?

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I'm afraid the only thing you can do is to begin a legal action. This is not difficult and in the circumstances you are pretty well 100% certain of success.

 

However, the question will be how much are you claiming? Have you gotten the idea of the value of your PPI claim? Have BC indicated at all what their calculation is – and how does it compare with your own calculation?

 

I can guarantee you that if you issue court papers on this then they will leap into action and suddenly they will re-prioritise you. Of course they could deal with everybody's complaints in a timely manner – but they are too stingy and dishonest to invest the resources needed to undo their wrongdoing. You need to take action in order to help them focus a little more

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It's a little tricky to know how much to claim for, mainly because I don't know what their commission level was. The card ran from 2008-2012, I was a stupid teenager back then so was at the credit limit or over it for most of that time. Unfortunately, I have no statements to trawl through.

 

They've given me ZERO indication as to their calculation.

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Haven't you sent them an SAR to get copies of all statements and any other related correspondence? This should be your first step and you should get going now.

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