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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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Partial offer recieved What to do now? the story so far.


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Hi all recieved a partial off today as a goodwill payment but...

They seem a bit muddle with the ammounts claimed.

this is the story so far...

We sent in a claim using MCOL a few months ago for £3172.00 worth of charges + interest of £319.36 bringing a total of £3491.36

 

This resulted in a CPR18 Request asking for more details so we looked at it a bit more and realised that we had not removed the Advantage Gold service fees.

 

So we sent them a full breakdown of the charges less the advantage gold fees where applicable bringing it to £2996.00 in penalty charges + Interest of £379.16 at 8% bringing the total we want to claim to £3375.16

 

They have replied today stating the original total of £3172.00 instead of the updated total we sent. But they will rely on the the figure of £2996.00 which is only the total of penalty charges and does not include the interest.

 

They have offered £1750.00 as a goodwill Gesture.

 

Here is a copy of the letter i am thinking of sending them.

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

 

 

 

 

 

 

Thank you for your letter dated

 

I respectfully decline your offer of settlement of £1750.00 and request, once again, that you return to me all charges imposed on this account and interest totalling £3375.16 plus any court fees incurred.

Please note, I would ask that you again refer to my letter in which the correct total for our claim amount ( less court costs incurred ) is clearly stated as £3375.16. This figure, as per the breakdown sent as requested, is for the total penalty charges of £2996.00 plus interest of £379.16.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

 

 

So here goes for a few questions.........

 

1 Is this letter ok

 

2 why are they using the old claim amount ( before i deducted the ADG Fees )

 

3 Would this make any difference in court.

 

4 Should i send a copy of this letter to the court as well as cobbetts.

 

5 How much longer is this going to go on for :)

 

 

Hope someone can help

 

Arma :)

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Hi Arma,

 

1. Yes

 

2. Because they have so many of these claims that they're probably not even paying attention to the fine details of particular cases. Read through the other threads and you will see many example of careless generic errors in their correspondence.

 

3. No, if you get to court you will be able to explain this to the judge. If your case gets this far then you will be expected to supply copies of all previous correspondence to all parties which would demonstrate that you have acted in good faith by highlighting the error.

 

4. Yes

 

5. My CPR 18 request was recieved in October and my court date is set for the end of Feb so presumably your timescale would be similar.

 

Andy

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