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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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Netyard Vs Egg Banking PLC (Default Removal)


Netyard
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Net. have you done SAR to reclaim your charges? The best way of having a default removed is to do it at the same time as you claim back your charges. If you include this in your POC, then they are more likely to remove it and pay up to avoid going to court.

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Yes. SAR is £10. If this account went into default, there will certainly be charges that were applied. With interest, this will add up to a tidy sum. Even if its a small amount, it will give you a better advantage of getting your default removed. You file for both the charges and default removing and do NOT settle until you get both. They will not go to court over the charges so will be more likely to have to settle/agree the both in order for you to cancel court action.

 

If vodafone and ntl have imposed 'charges' on the account, then yes SAR them too. If not, then you need to tackle them another way.

 

Get SAR off to the others in the meantime. This is the best way to tackle the default. Also make sure you ask for a copy of the agreement and make sure you send them recorded and keep the receipts. You would be suprised how many claim not to have received if not sent by recorded.

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You can use ref number for consolidation loan. With regard to other loan and credit card, put title: Credit card/loan and make the first paragraph "I had a credit card/loan with yoursevles from approximately x/200X to x/200X at (address) or (above address).

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Net, unfortunately, I would put three separate cheques in. An SAR needs to be made for each separate account. They have 40 days in which to comply and the clock does not start ticking until they receive the £10. Dont give them any opportunity to delay.

 

I have also known some to reply sending the cheque back saying that they dont make a charge for this service. You may be lucky. Although I've not heard of this with Egg.

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