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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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Mad Nick v Abbey ***SETTLED IN FULL***


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excelent thread, just read it start to finish some very unful information in there which i hope will point me in the right direction when making my claim!!!

 

Very well done, and the hard work paid off in the end

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Well done Mad Nick - and thank you in particular for all the help you gave me amongst counteless others on the site. I've just got my cheque from the Shabbey brigade too. Its good to get your charges back isn't it!!;)

 

ALL THE BEST AND DONATION TO FOLLOW WHEN THE CHEQUE CLEARS!!!!!

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I made a complaint to the abbey that they had claimed that i had insufficient funds in my account of which was not correct. what theyv'e done is repaid a total of £175 for that day of which i can find no charges for. so that's 5 x £35. So what percentage alone have they returned that. If they claim to attend court to contest paying CI have they not already done it to the extreme with that one payment alone. It would be useful to know your opinion. But i have gone over the statements over and over again and on that day there are def NOT 5 charges. Only 1 and that was incorrect???????

Even though i had a estimated amount of CI it was requested from the initial claim (after an amendment). Abbey now have a full breakdown of all charges. But everythings changed today as im a little confused. I only had one charge for that day and that was a mistake on their part. So......... if their argument is that they do not award CI then would the £175 paid on that day argues that fact that that 1 payment was not returned at 8% SI...... do u understand what i'm getting at.......

Plus they've gone back on the bundle fee cost by reducing it by £100, not refunding S.A.R - (Subject Access Request) or showing breakdown of daily charge. I have in front of me a breakdown of charges, interest (at 8%) and refunds....... and thst's it. Nothing more mentioned ecept the court bundle revised bundle..... what, if anything can i do about that. there's no mention of null 7 void anywhere in these letters. Do i have a case to argue?

 

The bank also missed x 1 charge (£35) and had to amend the amount today. which will involve another letter of settlement making this one viod too.

So £175 what interest rate is that? Technically if this is correct they have paid partial CI................ am i going mad or is this right?

I just need some advice as abbey have in their opinion have settled, i was going to accept but i think this is an issue that needs looking into before i do. They claim to have appointed a barrister on monday to defend any CI in court but If i can prove this one charge was contractual in its amount then i have my legal argument that possibly the whole of the claim should therefore be CI too. Am I babbling................. ....

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