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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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daipp v Egg


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SAR posted 26-Feb-07 and received by Egg on 27-Feb-07

 

Following another post on these boards I sent a secure message to them on 17-March-07 telling them to accept my message as proof of my ID. I told them in no uncertain terms that they will accept the ID as proof of my ID and that the late request for ID is merely a stalling tactic so I will continue to take the legal deadline of 40 days for the information from my original request.

 

I look forward to the 09-April-07 !!

 

David

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SAR posted 26-Feb-07 and received by Egg on 27-Feb-07

 

Following another post on these boards I sent a secure message to them on 17-March-07 telling them to accept my message as proof of my ID. I told them in no uncertain terms that they will accept the ID as proof of my ID and that the late request for ID is merely a stalling tactic so I will continue to take the legal deadline of 40 days for the information from my original request.

 

I look forward to the 09-April-07 !!

 

David

 

That must have worked because today with 17 days to spare I received all the statements for my Egg credit card for 7 years. :eek:

 

It appears that I only went over the limit three times so my total charges amount to £60.00.

 

Not wanting to look a gift horse in the mouth I'll send my claim off tomorrow.

 

David

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  • 3 weeks later...

After sending off my claim to Egg, a week later on the 29-March I received two letters; one saying that they have received my complaint (?) and one offering me £12.00 (3 x £4.00).:-x

 

On 07-April I sent them a letter accepting the £12.00 as a part payment for the full amount of £60.00. They have 7 days to pay this and then the remaining £48.00 to be paid within 14 days. Otherwise I will commence legal proceedings.

 

Checked www.royalmail.com and the letter was received today.

 

Just sit tight and wait.:)

 

David

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After sending off my claim to Egg, a week later on the 29-March I received two letters; one saying that they have received my complaint (?) and one offering me £12.00 (3 x £4.00).:-x

 

On 07-April I sent them a letter accepting the £12.00 as a part payment for the full amount of £60.00. They have 7 days to pay this and then the remaining £48.00 to be paid within 14 days. Otherwise I will commence legal proceedings.

 

Checked www.royalmail.com and the letter was received today.

 

Just sit tight and wait.:)

 

David

 

After only a few days I'm astonished to report that Egg have given me a full settlement of my £60.00 :eek:

 

I was ready for a fight as well :rolleyes:

 

Just wait for the transfer into my bank account within 14 days.

 

Many thanks to the advice on the boards.

 

David

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Received another letter from Egg today confirming that MY money will be in my bank account within 4-5 working days - they've become very helpful all of a sudden :confused:

 

David

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daipp, well campaigned at all stages.

 

Barely a day goes by without new claimants diffidently posting the question "Egg sent me a rebuff letter, what do I do?" You clearly had no doubts, and your entire campaign took just 47 days.

 

Why? Eggployees, I suspect, have standing orders to read between the lines like poker players. When they come up against a ferocious claimant they retreat, otherwise they stall and ride their luck. Lets see how you achieved rapid results.

 

--------------------------------------------------------------

FEB 26 - you sent S.A.R - (Subject Access Request) to Egg.

MAR 12 - you reinforced SAR with Secure Message "IN NO UNCERTAIN TERMS" demanding response within 40 days.

--------------------------------------------------------------

MAR 22 - FROM EGG: 7 years statements received.

MAR 23 - you sent letter to Egg quantifying precise claim.

--------------------------------------------------------------

MAR 29 - FROM EGG: derisory offer of settlement.

APR 07 - you sent letter to Egg warning of legal proceedings from 21 APR.

"I was ready for a fight as well". :-x

--------------------------------------------------------------

APR 14 - FROM EGG: offering full refund.

APR 18 - FROM EGG: full refund received.

--------------------------------------------------------------

 

Granted your claim of £60 was smaller than some, and you appeared not to have claimed interest, but I believe your resolution leapt off to page and hit Eggployees with Eggstraordinary force. Suggest all claimants who receive derisory template letters from Egg, to reply saying:

 

that they know daipp got full refund within 47 days,

that in daipp Egg have seen nothing yet,

that they are twice as hard as daipp. :-x :-x

 

They probably could do with your convincing letters as templates, lol.

  • Haha 1

 

 

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Thanks for your comments and thanks to this board as well.

 

It's important that everyone takes their time to read as many threads and posts as possible and follow the guidance as closely as they can.

 

The other thing I would recommend is that your 14 days doesn't mean seven weeks, or 7 days doesn't mean when you've got time. Stick to the deadlines and stick to your demands. The financial institutions you are fighting, stuck to theirs when they took your money.

 

David

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