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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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Alliance and Leicester/mbna.


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Call them often. Get names each time.

Get to speak to managers.

never accept a promis to call you back. If you do then you have relinquished control

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Yeah, that's what i thought. I will call again at 10, maybe before. They hadn't called back within 1/2 hour yesterday so i made my husband call them back. I am sure they are using the time to come up with excuses.

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Yeah, that's what i thought. I will call again at 10, maybe before. They hadn't called back within 1/2 hour yesterday so i made my husband call them back. I am sure they are using the time to come up with excuses.

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get a fax number and a name and fax them a copy of the letter to that name so that they can see it.

The call them and confirm that they received it.

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get a fax number and a name and fax them a copy of the letter to that name so that they can see it.

The call them and confirm that they received it.

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He's just called back, before 9am!!

Basically he will copy the ones they are using anyway and post them within the next 7-10 days, at no cost. He did say that normally the customer would have to pay but as they are using all the details to assess the complaint it won't take much to copy them and post them out to me.

He said it will be in a different format to usual statements, i said as long as there is a date and amount for each then it's ok. I can work out the 8% interest then!!

 

I just have to be patient now don't I?

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He's just called back, before 9am!!

Basically he will copy the ones they are using anyway and post them within the next 7-10 days, at no cost. He did say that normally the customer would have to pay but as they are using all the details to assess the complaint it won't take much to copy them and post them out to me.

He said it will be in a different format to usual statements, i said as long as there is a date and amount for each then it's ok. I can work out the 8% interest then!!

 

I just have to be patient now don't I?

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I am shaking now. We have a limit on our credit card of £2,400 and due to the charges it has gone up to £2,600. tried to make a payment 2 night ago, nobody was there that could cancel the last 2 months charges and the next 3 months charges, so haven't got round to paying yet.

 

Anyway, Alliance and Leicester just called me, right shirty mare too. Asking for minimum payment that i could give her, which I told her is about £40, she said that's not enough, it has to be 63 odd to be able to cancel recent and future charges.

 

I explained we are struggling a bit now, and then she went off on one telling me, well you spent the money until December etc etc, I tried to justify it. She was then telling me if you don't pay minimum you will get more charges again and it'll just get worse, I explained how skint we are until next month as we have just paid a computer off, well if you can buy a pc then you should be able to pay this blah blah blah!!

 

I told her that I am hoping to get charges refunded and we will then get straight, she staterd to tell me that I would never get them back, what makes me think I will, don't believe all you read in the papers etc.

 

It has started to make me doubt whether I will get anything back. I wish I'd not answered the blooming phone now.

 

I wish they would just stop charges until we are back under our limit but they won't!

 

Sorry, rant over!

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Sorry that you are having such a bad time.

 

I think that you should insist on getting the name of anyone who calls you. If they refuse to give it to you then refuse to talk with them

When you get the name, make a note and then still refuse to talk to them.

Don't get drawn into a conversation.

If the harrassment continues then call the phone company and also the regulator and ask what can be done to stop nuisance calls of this kind.

have you checked the T&Cs? have you given them permission to call you?

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I don't mind them calling when I have the money to pay.

 

I do get all names, I did also get her work mobile too. The call has just left me a bit negative about whether or not it is worth pursuing. She seemed nice, just got a bit narked that I couldn't give her the payment she wanted and then threatened more charges if i can't pay today, which I can't. So more charges.

 

Should I call the assessment place to see if they can do anything while they are assessing the claim? I could explain that the charges won't be correct when they send them to me as I have just been threatened with £50 more charges next month (25 over limit and 25 late fees)?

 

I wish I had the confidence to follow this through, but feeling a bit negative! Damn, I was doing so well.

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Best not to discuss. Just wait.

You could send them a chase letter about the DPA request.

 

Stick with it. They are putting you through your paces, that's all

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I have just had a phone call from a and l.

 

We started off the discussion about the credit card limit and how are we hoping to pay etc, I explained nicely that of next month we will be better off. I explained I want to clear the balance by the end of this year. Then we came to the subject of bank charges. My balance just now is £2581, limit of £2400. We started talking about what would be acceptable to me. I said that I don't have figures so i don't know until they send me the list, i guessed it would be £500, which it is. He said that things are changing until the OFT announce the new guidelines, I presume that's why there is a lot of stalling going on now. Anyway, he offered to take my account down to 2300, I said no but I will be happy with 2200, he said that's fair!

 

I am happy with it, I 'know' I could've got more if I went to court etc but to be honest this is a decent outcome, my credit card bill gets reduced and I don't have the real worry of having to go to court. I have got 380 odd pounds back, more than I had a week ago.

 

I hope I haven't let anyone down by 'wimping' out!

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You have to do what is right for you. If you feel that on balance you have achiveed something then good for you.

 

This site is not only about suing people. It really is about giving customers a slightly better chance

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Hello again. Something didn't feel right after I received the phone call and 'offer' of refunded charges the other day. At the start of the call I was told he only had access to 12 months charges then he asked how much i thought I had been charged, I said maybe about 500 he said yes, 505 over the years. Later that evening I started kicking myself thinking what if the charges were more etc etc.

 

I have just called them and said I still want the DPA requested list of charges within the original 40 days. The poor bloke kept saying I can't answer for anyone else, he will email the people that I have spoken to lately and get them to call me back.

 

I told him I want the list so I can check that I am being refunded the correct amount as I accepted on the understanding that I had only had £505 worth of charges. I wil then insist on 100% of anything above that figure.

 

Am I still entitled to the DPA requested list? I presume so, just need to clarify.

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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