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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Well i thought i'd better start up a thread seeing as i'm finally getting round to sending off my Initial request for repayment. Data request is all done and dusted. Statements received and charges totalled up. £1025 in just over a year and a half! Swines. Will let you all know in the coming weeks what happens when (or if) i receive a response. Thanks to everyone for all the useful info on the site. You've been a great help.

 

Paul

 

Data request sent:26/06/06

Confirmation received:11/07/06

Statements received:20/07/06

Initial payment request sent:30/11/06

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  • 2 weeks later...

Well i received a response this morning. Last day of the 14 days before my LBA funnily enough. I'm still sending the LBA off though because the letter i got back was

 

"I'm sorry your unhappy blah blah blah.....we'll get back to you in four weeks." Yeah right!

 

My question is, This response came from

Peter Barry

Customer Relations

PO Box 29112

Dunfermline

KY11 2ZX

 

Can i send a reply back to a PO Box? Or should i send it somewhwere else? To be honest i don't know what a PO Box is!

 

Thanks

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Hi there

 

If you are worried about being a PO Box why don't you phone the number on the letter and ask the question? They will be able to tell you if there will be somebody there to sign for it.

 

Hope this helps

Gemspan

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Hi again Gemspan.

 

Thanks again for replying. You seem to be the only one replying and i really appreciate it. It's a nightmare when your going through this and you don't get any help. Even if the questions are as trivial as mine!

 

Yeah your right. I phoned and it's fine to post recorded to a PO Box. The woman was actually very helpful! I just read so much about only corresponding my mail that my mind got totally set on it! LOL!

 

Thanks again Gemspan

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Wait until I start my claim!!! You can help me then!!! Good luck. I'm getting really into the swing of things now. Received a solicitors letter today re my claim with Lloyds TSB. Will be writing back informing them of court action etc., etc., etc.,

 

Gemspan

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  • 1 month later...

Well i've prepared court forms ready to be handed in tomorrow. I haven't posted all the details lately because you never know who's reading. This is just a quick update. I hope i did them all ok. After thats done i need to start preparing the court bundle. Should be fun!

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Good luck

 

I havent even had a reply from BOS regarding my claims and I've sent 2 letters plus reminders about the SAR. Today is the day that I will be preparing my court papers and taking them to the local court tomorrow. If I claim through MCOL do I have to have an address in England or can I just use my own address but use the Halifax address for BOS> What are you doing?

 

Kind regards

Gemspan

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I'm just keeping it simple and handing them in to the court in person. That way i get to speak to someone in person so i can understand the process better and get them to check the papers while they're at it.

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  • 2 weeks later...

Sods law isn't it. I got turned away from the court yesterday for a mistake in my POC. So i Amended the problem and went back today and lodged the claim. An hour later i got a phone call from customer relations. Now bearing in mind the amount is £955 (£1025-£70 from previously refunded charges). The lady said "blah blah They're legal, Blah goodwill gesture, we can offer £650". I said no. 2 mins later she said £850. I said no. Told her i want the full amount including court costs. "Court costs?" she said. "yes" i said "lodged an hour ago" i said. So she put me on hold for about 5 mins and finally came back and told me i could have the full amount including costs. So i'm just awaiting payment now guys. THANK YOU. When the cheque arrives and is cashed i'll cancel court action and donate to CAG. Thanks again.

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  • 3 weeks later...

Congrats townend! 1 week after LBA leeter sent - hopng they will make offer before court papers! Don't mind about going to court just would prefer not to have the hassell!!!

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