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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 
      • 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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Mick V Capital One


MickKane
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Hi Mick

 

Even if the OFT recommend the charge to be £10, they are still unlawful charges, so it's business as usual for us to claim it all back.

 

Ukaviator

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The fee is now 3% of the total you are getting from the ATM... Handling fee. . we are now paying for the upkeep of their equipment as well..

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  • 3 weeks later...

Some people have amended their spreadsheets to include new charges. If you do go to MCOL / N1 with the new amounts added, make sure you send an amended copy to Capital One..

 

uK

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You should accept any offer as partial payment only.. and that you will pursue them for the rest. There are Rejection letters in the Bank Templates Library. There are some links below to guide you.

 

Uk

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  • 2 weeks later...

Just hold fire Mick... they will pay up any day now.. do you know who the solicitors are?..

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Ok. . . send off your copies to them. You are close to getting your refund. They may file the standard defence, then they pay up.

 

Uk

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It's in that time frame. They may enter a defence first, then pay up a few days later. Check online if you can every day from now on..

 

Uk

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They are way behind with their correspondance... just the wait now Mick

 

Uk

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Most of us have had one. It is fairly straight forward. Have a read about the AQ's in the library. I'll leave some links below.

 

Uk

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You are correct doo. . . it is an opportunity to give the judge all of the details ahead of time. He or she would be able to allocate the case to the right track, and see if there are any special directions needed when it goes to court. It would be a good idea to add a directions letter to your AQ for the judge to consider.

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Hi Doo just checked my balance and its been cleared, whoo hooo, will they send me the other £800 pound by cheque, got to get off to work now so speak soon

 

Congratulations. . is this full and final settlement?..

 

Uk

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Well done Mick. Keep the action with the court open until you receive your cheque. Glad it's nearly over.

 

Uk

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