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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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Tesco Mobile Compensation Offer


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Tesco mobile have given me 14 days to accept a goodwill gesture of £50. I shall try to be brief about the issue. 

 

In 2018 I paid a final settlement on a contract mobile phone that got broken and was no longer usable. Tesco advised the account was closed and no further action was required.

 

However they in fact put an unpaid default on my credit file and sent Lowell Debt collectors after me.

 

On one instance I was told by a tesco employee on their facebook chat page to just "take on board that Tesco had been generous enough to let me exit my contract early with a final payment". 

 

Lowell would not take any notice of what I was telling them.  I was going backwards and forwards. 

 

In July 2020 Tesco promised to resolve the matter, but I still received letter's from Lowells and the default remained on my credit file

 

After requesting an SAR in October 2020 Tesco finally paid attention to me and have offered £50 compensation which I have 14 days to accept. 

 

 

 

 

 

tesco letter.pdf

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Thanks for this.

I understand that you sent them an SAR on 16 October. They haven't responded with a disclosure so far but in fact they've asked you lots of questions about what exactly you want. In principle they are not allowed to do this and they should simply satisfy the request.

Please can you post up a copy of the request that you sent them.

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images removed

the pdf i did in your other thread with them in is now repeated in post 1 here

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Okay, thanks for the copy of the SAR.

Not really quite as clear-cut as we would have liked it – please follow the link – SAR.

 

 

Please could you tell us the date of the letter which responds to your SAR and asks for further details. You haven't published the dates in the images you have posted

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When you say that your letter wasn't signed, do you mean your letter to them? Or their letter to you? What do you mean by "your" letter?

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Right – that changes things a great deal.

Can I ask that in future you confer with us before you start sending things off. I'm not trying to disempower you but like the rest of us, you will have to learn to find your way and next time you will be able to deal with these things instinctively and independently and probably only with minimal help from us.

I think that you are going to have to send them a new SAR.

Ignore the letter they have sent you. You're going to reject the 50 quid – so don't even bother to reply.

Simply send them a fresh SAR using our template SAR<<<<<

 

Modify so that it suits your particular circumstances – but the important thing is to keep it as wide as possible without giving any hints or clues as to what you want or as to what you might not want.

Send this SAR to them on Monday and then I'm afraid you will have 30 days to wait.

I don't really want to understand why you didn't sign your original SAR – but I'm afraid that you have now given them a way out if you start to challenge them on that issue.

 

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For the avoidance of doubt, make sure that the SAR has your reference number et cetera, your address – I'm assuming that that is the same address as you have been using throughout and that they were sending bills to and also the ones that the debt collectors were using. If it's not the same address then please tell us now.

Make sure that is properly signed and dated and that it has your name very clearly.

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Also, it will be helpful if you could experiment with the way that you scan your documents and put them up on the forum.

They really are a bit of a mess – and the best thing of course would be if you had a scanner. You can get an excellent scanner for less than £50 from PC World which will last you for years. That will make your life easier and our life easier as well

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I must confess to getting cold feet upon taking on tesco. If they challenge me I don't want to end up with nothing, i.e. eventually losing the £50 because they have said that is their final offer. I know you think I'm bonkers but am tempted to just take the £50 and just finally put this whole saga behind me, drawing a line under it and my credit file being fixed is all I wanted. 

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Of course it's up to you. But £50 is a ridiculously small amount and you can improve this with a little bit of effort and also it will bring you confidence.

if you decide that you want to attack them for more than of course we will help you. £50 is derisory

 

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I will have a real think, obviously a higher amount would be great especially under current circumstances where my work hours have been cut due to covid. Let me just say now you have all been absolutely amazing and I can't thank you enough already for giving your time and vast knowledge, and for straight to the point no nonsense answers, you are all genuinely supportive. This site is absolutely incredible. People would have to pay a lot money to get this advice from say, a solicitor and it is much more convenient than waiting for an appointment with CAB. Thank you!. 

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Yes. Take your time – there's no rush. Don't worry about Tesco's so-called deadline. Don't forget that they have made mistakes – not you. It is they that have tried to smash you up – not you.

They are hugely resourced company. They have legal obligations and they have failed. Now they are trying to buy you off with some kind of goodwill payment of £50. They don't seem to understand that they need your goodwill. It's not you that needs their goodwill.

You could easily increase this offer by being assertive and without having to go to court. If you issued claim papers then you could increase the offer substantially.

These people depend on your timidity. They depend on your lack of confidence. They get away with this kind of thing with hundreds of people who never get to this website. I'm afraid that if you went to solicitors, the solicitors who do scarcely anything except shuffle paper around and then advise you to accept some little compromise. Citizens advice are very decent – but far too timid and lukewarm.

The good thing about this site that we are independent of large organisations and we can give you the best assertive advice because we only have your interests in mind

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