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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
      • 161 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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Vintage72 v A&L


Vintage72
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Hi all - Today I came to your site and so glad I did. I feel enpowered from the knowledge of you guys. So firstly, a big thanks.

 

I am sending tomorrow the "Data Protection Access Request" to the A&L and am probably looking at at least £5k of charges over the last 6 years but could be considerably more !

 

Thanks guys also for posting a list of 'parachute accounts'. After 5 minutes on the phone - Iwas accepted for a Cashminder account via Co-operative Bank. At least it means I can have an Electron card etc as the Abbey Cashcard account was all but useless.

 

So, watch this space !

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  • 2 months later...

Hi Guys

 

It's been a while - so thought I'd update you......

 

2nd Feb - sent my DPA Request with a postal order for £10 - on the 40th day, I telephoned them and politely told them I was going to complain and take the matter further having not received my statements. Amazingly, a manager 'managed' to look into the matter AND call me back one hour later !!! Sincerely apologetic and said they would be in the post that day. Sure enough - following day a huge bundle arrived...... totalling £4,635.00 charges !!!!!!!!!!!!!!!

 

21st March - PRELIM sent - recorded delivery - signed for on the 22nd. Low and behold, no acknowledgement in any shape or form but biding my time

 

4th April - LBA sent - recorded delivery - signed for on the 5th. Low and behold, you'd never guess - no acknowledgement to date.... but once again, am biding my time.

 

Week today and I will be filing my N1 and will get an extra 8% on the lot - totalling over £5,500.

 

Due to not having any money - wonder why ! - I am going to the court in person, am in receipt of Working Tax Credits, so have preliminary filled in from the site links the EX160 which exempts (hopefully) me from paying court fees. Also filled in the N1 form. Telephoned the County Court and they were extremely helpful, don't need to get the exemption form filled in first (even though it says so on the court form) - take it all in together and gets filed.

 

It's frustrating not getting a reply from the bank but bigger fools them, they will have to pay an extra £900 or so in charges when they could have paid up sooner. Will keep you guys posted !

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hi vintage

 

best of luck

 

I have received replies to all my letters but lots of people have not.

 

they are very inconsistent.

 

just about to send my LBA

 

jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi all,

 

Went to the Court yesterday and filed claim. They are very particular about payment. You have to be in receipt of Working and Child Tax Credits but thankfully I was. However, because the new awards haven't been sent yet by the Inland Revenue, the Court wouldn't accept last years notices and insisted on seeing a bank statement. Thankfully, I had one in my bag so they are now processing the claim.

 

Within 5 days both A+L and I should be written to and then its the waiting game again. I will keep you posted !

 

Fingers crossed for me guys and gals !!!!

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Hope it all goes well:)

 

jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

UPDATE :

 

Phoned the court yesterday - taking at least 10 working days to be written to, the lady there asked me to wait until the end of the week and then chase again. So still the waiting game !

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  • 2 weeks later...

I filed my claim on the 3rd May and I received 2 days ago from the A+L solicitors - saying they are going to defend.

 

Today I received the pack from the solicitors (defence pack) and also under separate cover a cheque from A+L for £2446 - I am seeking £5500 (incl 8% court interest).

 

They have sent with the cheque the standard letter saying that OFT think £12 per charge is reasonable (but I notice that the wording is for credit card charges - not bank). They are obviously trying to scare us.

 

Thank goodness for this site. I have returned today the cheque torn in 2 with the rejection letter number 5 on here and now we shall sit tight again. I will keep you posted.

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  • 2 weeks later...

Friday 25th May - AQ received (form 150) from the court. I filled in as per the help and advice from here and attached my Draft Directions.

 

Saturday 26th May - posted the originals to the courts - copies each to Wragge & Co and A+L.

 

Waiting game again then !! Looking at other threads posted, it seems that when I get to the alloted time for Wragge & Co to send in their AQ, start phoning the court and asking possibly for the court to make a judgement. However, it seems that the courts give the defendant virtually 4 weeks in total to respond but I suppose worth chasing.

 

Just hoping that Croydon County Court isn't as busy as some and I get a court date sooner rather than later - would hate to have to wait until August or September.... so far off and I just want to get it done and dusted now.

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You'll have to wait and see if the court decide to use the draft directions before you can ask for judgment, and that won't be until the judge looks at both AQ's.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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they ofered me £2.16 rather than 1500 .got the same letter today with the £12 mentioned...(posted on my other thread)

 

they make me laugh Have sent letter 5 and told them i am denying it and my claim has gone in to court.

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