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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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Hi there,

 

I am about to send off a LBA requesting charges, but I have just been notified that Halifax are going to be taking a further £120-odd pounds in a few weeks.. Now should I include these charges in my list of charges or do I actually have to wait untill they have taken the money and do another claim?

 

Thanks

 

Ben

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Hi Ben,

 

When I made my claim, I too had recieved notification that they would be making another charge within the next few days, plus another at the end of the month. I included mine, and they paid up, in fact I think I even managed to claim back some charges which they had cancelled, but thats another story.

 

So, I did, but not sure whether you should. Hope that helps,

 

Jim.

Charges, my account £2825 and my joint account £1040

 

Prelim letter sent 7-8-06

Received reply 17-8-06

Sent 2 LBA's 21-8-06

Offered £140 on joint account. 30-8-06

Offered £700 on my account. 31-8-06

MoneyClaim issued 5-9-06

Acknowledged 12-9-06

 

Letter from Halifax saying they will pay 15-9-06

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Hi Ben,

 

You can continue to update and add to your claim up until the day you file in court.

 

I did this with my claim and I received everything back that I asked for.

 

I was lucky with Halifax, I sent my LBA and they made me a full and complete offer of everything I was claiming the day before I was due to file in court, this was 13 days from the LBA, altogether 27 days from the date of my first letter requesting payment.

 

I'm not sure that everyone else has been this lucky but Halifax do appear to be moving a bit faster now as I think they realise it's pointless waiting until a court file is issued, if they do this they have to pay up on the interest but if they settle before you file in court they do not pay interest, just the charges. (Although they did settle mine with £140 over and above my claim!)

 

Good luck

 

Lindsay

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Hi Lindsay,

 

Thanks for the info, thats wicked, glad it all worked out for you, I hope I have the same sucsess.. Do you think I should include these charges from the offset or wait and add them later, would it make a difference?

 

Also, do they contact you when they settle or do they just pay in the money?

 

Thanks

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Hi brobins, presumably the next lot of charges are going to hit your account in 7 days, you have it in writing so you could add them - presumably they will have hit your account by the time you file your court action. Don't forget you can keep on adding charges right up to filing your court action.

I also got my charges back before I filed court action (2 days to go) - if you manage this they send you an acceptance form which you sign, they then pay the money in your account 7-10 days after this. If you file court action though the money is often paid into your account with notifiying you.

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