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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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Mortgage Fees


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I recently applied for a remortgage through Alexander Hall, they offered a deal to me claiming that it is exclusive to them, for this they charged me 250 pounds, the following day i found out that the product was open to the entire market and not exclusively through Alexander Hall as suggested by their adviser. I decided to cancel the application the following day, they accepted to cancel but refused to refund me claiming that it is an adminstrative cost and that it is part of their terms of business that i signed to when i filled the application forms. They told me that if i am not happy i can complain to the financial ombudsman, can i sue alexander hall for misinformong me and misadvertising a product as exclusive on their website and charging me a huge admin fee?

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If they claimed the product was exclusive to them, then they have misrepresented themselves. Do they have their own internal complaints procedure? I ask this as I am sure that if you complain to the FSA that they won't take any action unless you have exhausted the companies own complaints procedure.

 

On the subject of fees charged by brokers, there are plenty out there who won't charge a fee. They are normally getting a nice cut from the bank/building society who provide the new mortgage, so those who are charging a fee to the client on top are being greedy.

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Thanks for your reply. I did go through their internal complaint prodecure but they claimed that exclusive does not mean that it is unique to AHall which I find hard to believe. Also, i don't think the fee justifies the serivice they provided. I only meet an adviser for 15 minutes and was told that if the application was unsuccessful i would get a refund. I did't get to the stage to submit the application to the lender. However, in their terms of business they state that if for any reason the application is not fails apart from being declined by the lender they will not refund the fee. I wonder wether i can sue them for mispresentation and proportionaly high processing costs a bit like high banking fees, I believe pursuing the cliam through the financial ombudsman would be ineffective.

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I would be looking to take the small claims court route personally. They have claimed the product was exclusive to them which it clearly wasn't. Get the evidence that the product was available elsewhere and then write a letter before action, stating that they mislead you and that you want a full refund of the fee. If they don't, then you will take them to small claims which will obviously incur extra costs for them. And good luck:)

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