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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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Clare vs FD **WON**


Clare_L
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Hi,

 

Today, after sending off my spreadsheet and request of a refund of £2,274, I received a letter saying "First Direct does not agree with you contention etc..you can write to Robert Kernaghan if you wish to escalate your concerns etc" What is the next stage? What letter do I need to send now and where will I find it? Sorry for so many questions, it just seems as though there isnt any consistency between each case other than if you ask for more than £2000 back its not so straight forward. Just getting confused and want to make sure I get it right.

 

Thanks

Clare

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Hello Clare

 

The next letter is the LBA, this can be found here and gives the bank a further 14 days to consider their position.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Regardless of whether or not FD agree with your contention, they have been paying out these claims, you can ignore this letter and stick to your own timetable.

 

Send the LBA next and, if after your deadline has expired, they have not paid you, then issue a claim.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Ok, started my claim a few weeks back, want my £2,274 plus £356 in interest back. But I am worried as I got a reply last weekend saying "First Direct does not agree with you contention etc..you can write to Robert Kernaghan if you wish to escalate your concerns etc" but from what I am reading most people appear to be getting a response like "we will respond in 10 days blah blah" and get an offer of some sort. I am getting paranoid and starting to think I have done something wrong, although I have double checked and all seems to be correct despite a few teething problems. Has anyone had a positive outcome after getting the same initial response as me?

 

Clare:(

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Don't worry, it's scary when you start but once you've got the bit between your teeth it's not so bad! There are loads of other people in the same boat who will help you if there's a problem. Just keep on posting in this thread. You'll get it back in the end and it's worth the effort!

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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Got a letter back today from Robert Kernaghan with an enclosed leaflet to voice my complaint to the ombudsman! Not what I was hoping for obviously. Still no offer though?!?!?! What do I do now? I am confused as to why others have had an offer, even a small offer but Ive had nothing. Im not feeling very confident so any advice would be appreciated.

 

Clare:(

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No reason not to be confident. FD seem to be making zero offers to the larger claims - it makes no difference to the outcome, other than you will get more interest, it'll just take a bit longer. Don't give up!

 

Wait until 14 days after the LBA then file a claim with MCOL... I'm filing mine this very minute :-) I think I'm finally going to get some satisfaction.

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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It's generally regarded as more reasonable to wait the 14 days.

 

However, you could, if you wanted, send them a reminder that the 14 days expire on (date) and that you want all your money back and that you will be issuing the claim form unless they settle in full before then.

Hand delivered and signed for or sent by recorded delivery naturally!

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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Clare

 

You can find this in the templates library, link below. For some reason I can't download my exact wording from MCOL at the moment, but if you need a hand in more detail PM me and I will get back to you tomorrow.

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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