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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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Lenny1303 vs First Direct


lenny1303
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Now it's my turn! :-o

 

After receiving a pile of statements from FD, my first letter requesting a refund is in the post today. :D

 

I started with FD 11 years ago and was always impressed with the service - despite some charges.

 

I'm self-employed and last year had a few problems keeping within limits etc - even though I was always calling to explain when money would be coming in.

 

It ended with them freezing the account in November :-x

 

I quickly opened an account with HSBC then heard through moneysavingexpert.com about claiming charges back and this site. All really good stuff and time for me to hit back!

 

So, I have a 14 day wait until my next move.... :)

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  • 3 weeks later...

Just received an offer of about £1500 and I was claiming £1900.

 

Not a bad offer from my first letter asking for refund as it's about 80%.

 

Should I now send an LBA threatening legal action and added interest? This seems to be what many people do to get a full (or almost full) offer.

 

:)

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  • 3 weeks later...

*** S U C C E S S ***

 

 

15 Feb – sent off my letter stating offer not acceptable, only as part payment, and threatening court action and added interest.

 

23 Feb – received offer for full amount of almost £1900 :D

 

I'm amazed I didn't have to go as far as legal action as many others seem to have!

 

Thanks to CAG and all those who are providing inspiration for others to claim back charges. Don't give up! 8-)

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Woah! What a fantastic result... certainly looks good for us other First Direct 'customers'. I sent my refund request for about £1400 just last week. Fingers crossed that I get a result like this.

 

This is going to keep me smiling all day!

 

Cheers! And have a beer on FD!

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