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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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First Trust Bank


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Your letter to the FOS should be based on your prelim letter to First Rust.

Herewww.consumeractiongroup.co.uk/index.php?option=com...

If you want to put it up here, when you havethis done then we can all have our tuppence worth on it.

Dont worry too much about it.I can also get you a copy of the tand c which refer to these as penalty charges.

It might be worth adding a statement such as "Indeed First Trust Bank, prior to 29/05/2007 referred to such fees as "penalty Fees", a copy of which is enclosed for your perusal"

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great thanks i'll sot onto moneysavingexrt and they now give a template for filling in the FOS form which is great but i will definitely put that last line in!! good advice - thanks. i got terms and conditions on this thread the other day - do you think i can quote from them or do i need an original leaflet - sorry if i asked this before - its monday!!!

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sorry bally35 - don't have a fax plus all the charges im claiming for are referral charges so probably cant go on about penalty fees - or is that what they refer to them as in t & c? Also had a good search in house to see if i could find old copy of t & c (havent finished searching yet!!) But guess what i found? a bank statement from feb 2000 when referral charge was £4.50 !! by Feb 2001 it was £9 - by 2005 it was £14 - thats an increase of 311% in 5 years!!!!!! Lets see them try to justify that eh !!!!Im gonna enclose copies !!!!

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Yes Mary They are penalty fees.They have been referred to as penalty fees in their tand c prior to 29/05/2007, when all of a sudden they now claim that they are "unauthorised borrowing fees".

I posed the question of how these ddiffered to the old penalty fees on First Trust website last week.

Surprise surprise, they havent responded !

Perhaps we should all ask this same question and run a bet on who gets a response first!

Might be fun,

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i am at the stage when i should be taking the first rust to court. i need a bit of guidance please . anyone!! do i do it online, or do just do an N1 form. where do i leave it in to? is there a fee? please help!!

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hi beggsie

give me a bit more info i will try and help. is it less than 2k+interest+costs?. if so you can do it online it costs about £60. over that you need to use a civil bill which you have to do in the court office costs £140.

regards john.

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  • 11 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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