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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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YB's First offer. What would you suggest?


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Hi everyone,

 

Very surprised to have received a cheque from YB.

 

I am claiming with interest £1800.

 

However I wrote to them and said that I would accept 25% less (£1350)

 

YB have now responded saying here's £650 to resolve the matter without the disproportionate expence of a court action.

 

I am prepared to take this further and go to court but thought that I'd run it by you guys for any suggestions tips or further encouragement.

 

Thanks for your help

 

JJ

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Return the cheque and send them something along the lines of:

 

Dear Sir

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

 

I cannot agree to your condition that encashment of your cheque would be in full and final settlement and therefore I respectfully decline your offer of settlement and return your cheque.

 

I would remind you that by insisting your part payment is in full and final settlement and not agreeing to my terms you are failing to mitigate your losses as the interest will continue to accrue on the full amount on a daily basis.

 

I request, once again, that you return to me all charges imposed on this account totalling £xxxx.

 

I will be issuing a claim in the County Court on xx/xx/xx

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Thanks very much for your quick responses

 

Michael

Great that sounds just what I was looking for.

 

George

1.The idea for the offer came from the template letters, so assumed this was the way to do it.

2.Thanks for reminder.

3.Good point and exactly what I was thinking.

 

Thanks guys, will keep you posted.

 

JJ

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Hi Guys sorry for the delay.

Just to clarify, the letter I sent mentioning a 25% less offer was after they had written saying I wasn't entitled to anything.

 

I've been following the instructions from Moneysavingexpert.com and in particular

http://www3.moneysavingexpert.com/files/bank_charges_templates/letter6.rtf

If that's any help

Thanks Guys, I'm going to return the cheque with Michael's suggested letter above.

Will let you know how things progress.

Bye

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