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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
      • 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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Need Some Advice Please.


RCR50
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There is one thing I would comment on RCR, because the answer isn't always apparent, even after reading the FAQs and threads.

 

You can amalgamate claims for your personal accounts, although I personally think it's better to keep them separate. But do keep your business account separate, because your particulars of claim will differ from those of the personal accounts.

 

Other than that, both Rooster and RedDeath have given you good advice, it's up to you to make the most of it.:)

 

Good luck with your claims

 

Elsinore

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  • 2 weeks later...
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Your welcome.:)

 

Actually, we could do with a 'business version' of a prelim letter in there. It's pretty straightforward, but there might as well be one available. I'll find one of mine and offer it.

 

Elsinore

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Hi RCR50.

 

It's good that you've taken Lucid's advice. You shouldn't be chary about adding interest to your claim, you have a perfect right to do it.

 

The refund from the bank won't make any difference to your claim, but I'm curious to know why they wanted your current account details? Why didn't they just credit the business account?

 

As to accepting an offer, well it's absolutely your choice. If you are happy to accept what they offer you, then that's fine. No hassle, money in your pocket, move on!:)

 

Elsinore

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My apologies, If I had taken the trouble to re-read your thread I would have known the answer!

 

If you haven't already done so, it would be advisable to open a parachute account, in case LTSB close your present account. They shouldn't, because it would be seen as retaliatory, but that won't stop them.

 

PM box empty.:)

 

Elsinore

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I think we were all so pleased for her when LTSB finally coughed up, we maybe forgot about the detail. I know that, at one stage, Freebird put the frighteners on her bank manager :) and I suspect that she came out of that side of things OK.

 

Freebird is very approachable. If you post on her thread she will get back to you. I thinl FB is having a break at the moment so you may have to be patient.

 

Elsinore:)

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  • 1 month later...

Hi RCR50.

 

1. It's a template letter which has been received by just about every LTSB claimant.

2. It's bunkum!

 

I have an almost identical letter on file, which I received months ago and I'm just about to be paid out, prior to court proceedings.

 

Just continue with your timetable and don't let LTSB's blandishments fool you. It's all designed to make you quietly go away.

 

Elsinore:)

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  • 3 weeks later...
  • 3 weeks later...

RCR, I have to echo everything Red has said with regard to your MBNA claim. That £800 is your money. You must see it through. By accepting their offer of £280 you are doing exactly what they want you to do. Take no notice of the rubbish about OFT approval. Their threat to close your account is nothing short of intimidatory.

 

You owe it to yourself to keep going until you succeed. These goddamned banks must not be allowed to get away with this sort of arrogant behaviour.

 

If you decide to press on and need some assistance with response letters, just say the word.

 

Els:)

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  • 2 weeks later...
I think perhaps that if I continue I should just go straight for the court action without notifying them and deduct the 280 they paid from the claim....can I ask whether you agree. I think that to write again would be futile.

 

Hi RCR, pleased you've changed your mind!

From what I have read about MBNA's shenanigans, they don't deserve any consideration. Just press on with your claim, suitably modified.

 

I hear what you say about your reluctance to deal with these matters, but you will feel very different when your claims are settled in full!:)

 

Els

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Thank you Elsinore, I shall just go ahead without an LBA with MBNA

 

Hey, RCR, I didn't realise you hadn't sent an LBA. I would not have said 'just press on' had I known that. It really would be wiser to send an LBA before commencing your claim.

 

So why did they cough up £280? Was it after a prelim letter?

 

Els

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I also have a problem (principles - fair do`s - right and wrong etc) how do I justify claiming back all of the charges if the OFT have approved them....

 

But they haven't! Here's an extract from the OFT Report 5th April 2006

 

"We are not suggesting that default fees should be set at £12 and a court will certainly not consider that a default fee is fair just because it is below the threshold"

 

The banks and CCP's have tried to bamboozle claimants into believing that £12 is the new authorised, legitimate charge. Bunkum!

 

Yes, I think it would be best to continue with the recommended method and send an LBA. That way you can be seen (by a court) to be behaving responsibly by giving MBNA every chance to settle (even though they don't deserve it).

 

Els

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  • 1 month later...

Hi RCR.

 

Nothing you can do until at least next Monday. Even then you might as well wait another week to see if LTSB slip a defence in at the last minute.

The court wil be inclined to allow it, even if it's a few days late!

 

When you feel you've waited long enough, check with the court to see if they have received anything and, if not, you can apply for judgment.:)

 

Els

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