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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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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Banofi v Egg


banofi
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DPA received, and prelim letter sent claiming for £120 charges. Egg replied stating in part of their letter:

"Egg does not believe that the terms and conditions of the agreement are in any way unlawful or unfair. Egg recognises that customers sometimes exceed their credit limits and/or fail to make a payment and has systems and processes in place to deal with this. These include the use of computer systems, staff and other necessary costs. The charges set out in condition 7 of the agreement are calculated by taking into account the costs incurred by Egg in maintaining these systems and processes and dividing this sum by the estimated number of customers who will exceed their credit limits or fail to make payments. These charges therefore represent a genuine pre-estimate of the loss caused to Egg by customers who break the terms of their Agreement."

They haven't actually said they won't repay these charges and refer me to the FO. Sending LBA tonight!

Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

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Sent LBA, Egg replied offering me £24.00. I wrote back saying I want the full £133.03 and do not accept their offer of £24 as full and final settlement.

Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

Link to post
Share on other sites

Sent LBA, Egg replied offering me £24.00. I wrote back saying I want the full £133.03 and do not accept their offer of £24 as full and final settlement.

 

 

Standard rubbish from Egg, the paid me out on Friday. Stick to your guns. :D

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I've won! They wrote to me offering me the full £133.03. but they sent me the standard letter about paying it into my account (i closed my account with them over a year ago!), and that they are going to close my account (what account?!?!). ha ha..... NEXT!! :lol:

Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

Link to post
Share on other sites

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