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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.

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      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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A Quick Question Re Monument


robc
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Hi all, Ive started a claim against Monument to recover £660 in charges, theyve replied offering me half back, and they have decreased their default charges to £12-00, and they are not prepared to review any of the charges that have been applied to my account at this rate. Can I still make a claim for the full amount or do I now have to take their offer, as their charge is now at the rate of the office of Fair Trading's suggestion. Many thanks Robc

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no you do not.

half pay is std for them

refuse it and go all the way to court.

they will pay at the last minute.

 

if this is a CC & has Payment break plan [you can get that too if mis-sold]

dont forget to calc contractural interest as well.

 

someone has just settle see the monument group.

 

dx100uk:)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

robc

 

They have done exactly the same with me, I received my letter today

 

I am fighting for the whole lot!!

 

which is the best template for refusal?

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They are being economical with the wotsit if they are implying that the OFT said £12 was OK. THe OFT said that £12 was a maximum that could be justified and that usually it would be a lot less.

 

However little they charge, if it is more than their actual costs in dealing with your breach then it is unlawful. Go for the lot. Do not be put off by the rubbish, excuses, pleadings, etc , etc that they have sent and will send. Just follow the process on this site and youwill get it all back.

 

The best template for refusal is just the standard LBA with a paragraph stating that you acce-pt their offer but only as a partial settlement of your claim.

 

Steven

 

 

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