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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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Hello all,

My Story so far can be found in the 'Timescales!' thread if you can find it but to summarise:

 

I've made several phone calls and sent several letters to my Bank Manager and Customer services over the last couple of months with no sign of a refund so 3 weeks ago I wrote them a final Letter Before Action giving them 7 days to cough up before court action. 10 days later (I gave them a couple of extra days due to easter bank hols) I still had nothing but more letters fobbing me off - "we'll look into it and get back to you in 4 weeks" etc..- so filed a claim on moneyclaim last Thursday evening, paying my £30 court fee. I received acknowledgment of the claim showing that the Halifax intended to defend the claim at the start of this week.

 

Now today I've had a letter from Customer services stating all of my charges will be credited to my account in the next few days. This appears un-related to the court claim as it's not from Legal services so am un-sure if the customer services guy (Kenneth Graham) is aware I've already filed a claim against them.

 

So I'm happy to accept the charges back but now I'm still £30 out of pocket for the court costs! What should I do - tell the court to drop the case and call Kenneth Graham to get my court costs back? Or just proceed with the case and get them to pay up that way - I'm aware I need to inform the court if I make any settlement but the way the letter is written they're not giving me an option to accept or dismiss the refund - they're just giving it to me!

 

All Advice or comments would be welcome!

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I would reply to the letter, thanking them politely, but pointing out that they did not keep to your timescale; so, as you have now started proceedings, as you informed them they would, you will stop the court proceedings upon receipt of the £30 court costs.

 

Unless you want to go for the 8% APR as well, in which case, add that to the letter.

 

They only have themselves to blame.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Guest blindman

This happened to me (well my daughter).

 

A cheque for the DD charges appeared, but no court costs or interest.

 

She rang up CS and they said that another cheque was in the post which covered these last costs.

 

It hasn't appeared yet (only rang on Wed 26th).

 

If I were you I'd ring and ask them what is going on with your complaint.

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Guest blindman
She rang up CS and they said that another cheque was in the post which covered these last costs.

 

It hasn't appeared yet (only rang on Wed 26th).

 

 

Second cheque arrived this morning from the Legal department which covered the court costs and interest.

 

Looks like CS refund the actual DD charges and the Legal department refund the court fees and interest.

 

Have you contacted them yet?

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  • 3 weeks later...

I contacted the CS chap who gave us the bank charges back but he was unaware of the legal action. I told him that i'd be happy to drop the charges if i got the rest back and he said the legal dept. would sort that out.

 

2 weeks later and nothing - i did write a letter to CS with details of our conversation and asked him to ensure legal services were aware I was willing to drop it when i got the court costs back.

 

Am starting to think there's been a big breakdown in communication though as received nothing and the court date is approaching fast! Maybe legal services think it's sorted because i got my charges back and maybe didn't get my letter.

 

Think I'll call them this week to find out!

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  • 12 years later...

This topic was closed on 09 March 2019.

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 there.

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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Thanks

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