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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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You could try:

 

1Please provide full details about your client as follows

a.Their full name and any trading names which they are known by which may be relevant to the request for payment

b.Their legal status (eg Ltd Company, Partnership, Registered Charity). If more than one answer is relevant, give all relevant answers.

c.Any registration numbers relevant to the answer given in b. above.

d.Their registered office (if appropriate), and any major trading addresses relevant to the above request.

e.The nature of your client’s business or other non-business activities.

2Please provide full details of any prior business or other relationship which your client believes they have had with me.

3Please provide full details of the reasons for your client’s request for payment such as a contractual or statutory obligation.

4Please provide full details, including documentary evidence, of any contracts, credit agreements, purchase orders or other relevant information regarding the request for payment.

5Please provide full details, including documentary evidence, of any goods or services delivered, including dates delivered, unit prices and number of units delivered.

6Please send me appropriate tax invoices for each of these deliveries which comply with Directive 2001/115/EC, s24 (2A) Finance Act 2002 and applicable VAT regulations. If your client is not registered for VAT, please give full reasons for the non-registration. If your client believes that the requested payment relates to an exempt supply, please give details of the appropriate section in the VAT regulations under which they are claiming exemption.

7Please provide detailed explanations of how the answers given in 5. and 6. above relate to the details provided in 4. above.

8Please give full details of any future payments that may become due under any agreement/contract referred to in your answer to 4. above, including for each payment the date it will fall due, the amount of each payment, the circumstances under which it will become due and the nature of any goods or services that will be supplied in consideration for such payment.

9For each agreement/contract detailed in your answer to 4. above, please give full details of how they may be cancelled, including any required notice period and any settlement payment that may be required to conclude the agreement.

 

It's a perfectly reasonable request, and information they should have, and be happy to provide. :)

  • Haha 1

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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