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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
      • 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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Hwangsie Vs Duet Rnd 1 & 2


Hwangsie
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Hi,

Havent really had time to log my progress what with the holidays and all but..

Sent my S.A.R - (Subject Access Request) off to one Ms Judith Mucklow at Duet on 12 December 2006 recorded delivery. Received my statements on the 21 December albeit 3 consecutive monthly statements missing. Fired off a prelimenary letter requesting full payment for charges and so forth with consideration to the 3 missing statements...

" I calculate that you have taken £xxx.xx plus £xxx.xx which you have charged me in overdraft, service charges and interest for the sum which you have taken. Total £x,xxx.xx

I enclose a schedule of the charges which I am claiming with this letter.

Moreover, it seems that there are 3 consecutive statements missing pertaining to May 2003, July 2003 and August 2003. The charges relating to these missing statements have not been factored into the schedule of charges. I will however, consider this omission on receipt of your reply".

I gave them 14 days for a favourable reply..

 

Received a reply on 3rd January 2007 which read in the region of "Sorry you feel this way....we will do what we can to come to an amicable conclusion...., meanwhile I enclose details of our customer service department if you have further concerns on how we deal with complaints...blah, blah, blah".

 

So in my estimation, they have until 17 January 2007 for a 'favourable' reply.:?:

May I also mention thanks to Chetz for her help :)

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  • 4 weeks later...

Right, another update. Busy as hell. As I mentioned in my previous thread, Duet (Creation Financial Services Ltd) gave written notice that they were investigating and would reply within 15 days. So I fired off a reply stating that I would stick to my deadline and gave caution that I will file a court claim against them. They duly replied promptly offering a measly sum of £28 "without prejudice..." to settle the affair. I nearly split my sides laughing:rolleyes: . Anyway, I replied that I would only accept this as part payment and would pursue the outstanding amount in court if necessary and that time was still ticking, in not so many words.

So...No reply on deadline date, checked recorded delivery receipts with Royal Mail. It was received and signed for. Yesterday I filed with Money Claim Online. Wont bore you with particulars but adjusted standard template to suit my claim.

A bit apprehensive but knew it would go this far as I usually have crap luck.

However, this mcol was a bit tricky. Only 24 lines and no special characters. The ladies on the mcol helpline were very good though. Told me leave out any characters such as £ / ; % after I had trouble submitting the damn form.

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