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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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Unauthorised overdraft- can I claim?


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Was wondering what the next step would be- and how much roughly would I pay in court fees etc. Also I would like to know what other charges I can reclaim and/or costs I can add, which RBS would have to give me. Thanks everyone.

 

All these things and more are answered in great detail in the rest of the forum.

 

May I suggest the FAQ section would be the first place to start?

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Thanks mr hamster & t4ff, had a look in the FAQ section, and the step-by-step example thread answered the majority of my questions. Just three things I'm unclear on:

 

1) On the spreadsheet's first tab, it says "total owed before interest". This is the amount I can reclaim while I send my prelim letter, correct? Am I right in saying that the 8% can only be added once matters have proceeded further (LBA)?

The statutory 8% can only be added after you have commenced court proceedings. I would suggest in your LBA that you just refer to it rather than actually give a total figure.

 

2) Where a "schedule" of charges is mentioned, what would be acceptable? An A4 sheet with all my charges + dates incurred, or a printout of the spreadsheet, or photocopied bank statements? Actually after reading the prelim letter template, I assume it's a photocopy of the spreadsheet, but it's best to make sure.

 

You seem to have a propensity for over-complicating things.

 

1. Fill in spreadsheet

2. Print spreadsheet.

 

3) Could someone please tell me what the mysterious £28.00 charge is that has appeared twice on my statements? I think it's for going over a overdraft limit that was never agreed to! ;) Could somebody confirm this?

 

 

What's it described as on your statement?

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