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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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David Lloyd Membership + Freeze - Understandably frustrated


BStealth
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Hi BS,

 

In post #1 you refer to the m/ship "........for now over 12 month period ........" and also,  "........ experience over past 2 years with DL has been shocking ........"

 

1. Can you confirm when the current m/ship started ?

 

2. Can you explain a bit more about the freeze due to surgery - like who needs surgery and are they talking about freezing the m/ship for the whole family ?

 

DL are not good about freezing and allowing you to use a freeze as part of their 3 month cancellation period. However, we maintain that their 3 month notice period is excessive.

 

So, before we offer suggestions for your best move can you confirm, do you want to maintain the m/ship to use after someone's surgery; or do you want to cancel the m/ship asap ?

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Thanks DX - I missed that when skimming the posts so far .

 

I'd still like to know the actual m/ship start date before moving on.

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Hi BS,

 

As I said, we always tell folk to ignore the 3 months DL (and Bannatynes) gyms require.

 

Write to DL by post offering just one month's fee (240.00 less the 80.00 they owe from March ) to cancel the m/ship. I suggest you simply say :-

 

Dear DL,

 

I refer to previous discussions about cancelling my family membership.

 

I hereby offer to pay one final month's fee of £240 less the credit owed from March 2020 of £80 when we were unable to access the gym.

 

I am unwilling to pay 3 months notice as this is not in line with the industry standard requirement, nor is it fair to me as a Consumer. 

 

Please provide bank account details and a reference number so |I can pay the £160 I am offering.

 

If you fail to accept this offer in writing within 14 days, or you demand any higher amount, I will pay you nothing.

 

I look forward to your written reply.

 

Yours sincerely,

 

Send by letter to the gym and get a free Certificate of Posting at the PO, to keep as proof of posting.

 

Keep us updated ............

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BS, please confirm :-

 

1. Dates and amounts paid by DD since the gym reopened.

 

2. Date you cancelled the DD mandate.

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Hi BS,

 

I think the actual amounts are not so important - you can decide what to include in the letter based on your calculations.

 

The important matter is your desire to cancel without paying the 3 months they will say you owe.

 

Use the letter I drafted and adapt it to reflect the figures you think apply. But get it off to them quickly by post because they'll start making demands now the DD mandate has been cancelled.

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You'll offer them a month's fee, less whatever adjustment you think is appropriate.

 

But they're usually too greedy to accept what you're offering, so they'll end up with nothing.

We could do with some help from you

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  • 1 month later...

Hi BS,

 

It really doesn't matter what you've been told by gym staff. They'll say anything to keep you signed up and to keep your money coming in.

 

Send a version of my draft above. Keep it as simple as my version and don't worry about the finer details, like dates and actual amounts.

 

Get it send by post and keep the free Certificate of Posting from the PO.

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The offer of a final payment is for the notice period that you failed to give but, as I said before, I doubt they'll accept the offer.

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Hi BS,

 

You're overthinking this. We've been dealing with gyms and their admin Co's for many years and have helped members avoid paying many £1,000's in gym and admin fees.

 

Put your suggestion for the draft here so we can check it first, but it's important that you send them your "offer" now.

 

You have already put them on clear notice of your intent to cancel or leave when you cancelled the DD mandate. You don't need to worry that sending the letter now will re-start the leaving process.

We could do with some help from you

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