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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
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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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Ready to claim!!


stripeuk
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I have worked out that the Alliance & Leicester have charged me £1034.50. I wrote to their Data Protection but have not received a reply yet. However, from statements I know this is the right amount so I am ready to go ahead and write for a refund.

 

I am not an unreasonable person and would therefore consider £5 per charge reasonable so I am prepared to knock off £175 from what I am claiming but I will be expecting interest which I have calculated to be £23.56 using the formula given on the small claims website.

 

Wish me luck!!

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bobzac's right! Don't knock anything off.

This is a tried & tested format, if you go 'knocking things off' you could set a nasty precedent for others.

Perhaps if they'd charged the 'reasonable' amount in the first place, they wouldn't be in this position.

Give no quarter! :cool:

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I posted my claim off by recorded delivery so lets see what they have to say. Also the date for them to comply with the data protection request has now expired without a response (although they have cashed my £10 cheque!!) so I will today be sending them the template letter downloaded from this site giving then 7 days to comply. Should I also complain to the information comissioner does anyone know? I have downloaded the forms from their website.

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  • 2 weeks later...

Well 14 days have passed since I wrote to A&L (by recorded delivery which has been received) and no reply. So now I will be sending off letter number 2 and adding on the charges that have appeared on my account sincce letter 1 (up to £1831.50 now before adding interest!).

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  • 2 weeks later...

best of luck - you are just ahead of me -just about to do LBA letter.

 

Jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

ok HELP!! have had letter yesterday from A&L in response to MCOL. Basically they have sent me a cheque for £682.00 in response to my claim of over £2,000! I have to destroy the cheque and let them know I do not accept it (not a chance want it all back and not a penny less!!)

 

The letter infers that £12 would be a reasonable charge and therefore they have calculated my refund on that - don't know how though because even if that was the case it would be much more than that and what about my interest and court fees!!

 

Anyway does anyone have any advice on how to word the rejection letter and should I send a copy of this to the court? thanks everyone

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Hi Stripeuk, thats all they are doing - a year ago they paid me back £6400 in charges interest and court fees. That was after telling the court they would defend. In the end they didn't turn up and I was given judgement by default. Hang on in and you'll get your money. Cheers ROS

RiPoFfStOpPeR

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  • 2 weeks later...

Ok so the A & L have filed a defence one of the points was insufficient evidence but i wrote back to Wragge & Co (copying in A & L) with another copy of the scedule of charges and interest pointing out that copies of this were attached to each of my previous letters! anyway have received a letter today advising me that it has been transferred to Brighton County court and the allocation questionnaire has bee dispensed with.

 

Funnily enough I have also received a letter from A&L this week saying they are sorry I am not happy blah blah... and they are investigating my complaint. and, get this, another letter offering me £682 - don't they get it, I tore up the original cheque and returned because I do not want this I want my £2,000 back!!

 

Has anyone else come across these tactics, what are they playing at?

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  • 3 months later...

Hi hope someone out there can help me. I was due to go to court last week against A&L but case was stayed. I used a letter I found on CAG to appeal against that and have stay lifted.

 

This morning I received a General Form of Judgement of Order. Basically it says that my case and several others will be heard on 12th october and 5 mins have been allowed.

 

I must file a skelton argument and copies of all relevant authorities relied on not later than 7 days before the hearing.

 

This application will be heard together with a number of similar applications at a composite hearing.

 

What does all this mean and what should I do now??

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