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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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Powergen & LCA


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Hi folks,

 

In January I sent an SAR to powergen after getting a huge electricity bill for a property I lived at a few years ago. They were chasing me via LCA for £1200 or so.

 

Today I got a letter from LCA stating that i needed to pay £32.28 for consumption of electricity at the same address and for the same time period as they were chasing for the £1200. The reference numbers were all the same so it was obviously the same account.

 

I rang powergen presuming that my request for SAR had made them look at the account and the £32.28 was the new figure they had come to. But no, my account with them still stood at £1200 and the system just said it was being looked into by the meter department.

 

I rang LCA and they said the account still stood at £1200 and could not give me an answer why they had sent me a demand for £32.28. They are going to get back to me.

 

So what do I do now. I am tempted to send £32.28 with a copy of the demand back to them for full and final settlement, but then that would mean I am accepting liability for the debt, which I have not yet done as it was a shared house with loads of tenants which is why I wanted the SAR in the first place.

 

I guess they have just made a mistake with the demand for £32.28 but where does that leave me?

 

Also the SAR will be overdue in a couple of days so any advice on how to deal with non-compliance would be really appreciated.

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Regarding non compliance you would report them to the information commissioner. The revenue protection team who will be dealing with your SAR is contactable on 0115 8434571 if you wanted to contact them direct.

As you said sending payment of 32.28 could be in their favour in you making a payment is admittance of the debt.

My guess towards the small bill is this : Your account was £1200 in debt, they tried collecting it but couldn’t (for the obvious reason) they then passed the debt to their DCA which leaves the account in zero state. They then received your SAR. They will now check everything on the account and was probably working on it so whilst rebilling it they produced a bill of 32.28 in error. Before making these actions they forgot to suppress the statements from being sent out so you got it through the door. Take no action till SAR is received. Im sure you will have a good read.

 

 

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Sounds plausible but the DCA sent out the bill for £32 not powergen themselves. When I spoke to the DCA earlier she also said something really odd which peaked my interest. Something along the lines of a payment of £10 was made against the original which then left just £32.28.

 

She seemed to be reading this out loud from a screen and then stopped herself and changed the subject before I could get to the bottom of what she was saying. Now I sent powergen a £10 cheque for the SAR and made it very clear what it was for and even rang them to check they had recieved it a few weeks ago. It seems as though something weird is going on in the background. It was about three weeks ago now that powergen confirmed on the phone they had my SAR request and would be sending out a confirmation of reciept. I still have not had anything through.

 

If they do not conform to the SAR does that leave the debt unrecoverable?

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