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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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Ash Vs Abbey


Tash81
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Hi all,

 

This is my first post, although I have been following the excellent advice posted on this website. I have already requested bank statements and then sent my intial demand for the refund of £800 charges and £200 interest for charges on my Abbey current account on the 22 February 2007. On the 23 March 2007 I received a response from Abbey (see the below copy of what they said) saying they have investigated my complaint and that as a gesture of goodwill they will refund £170 directly into my bank account. I have looked at the offer refusal letters http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html but I'm not sure which one applies to my situation. Please help?

 

Thomas Ash

 

"Thank you for your letter dated 22 February 2007, about the charges on your bank account. I have now carried out a full investigation on your behalf.

 

I'm sorry you are unhappy with the charges and I understand you would like these refunded. Although the charges were correct, as a gesture of goodwill, I am happy to refund £179. Your account will be updated within 10 working days.

 

I appreciate your feelings on this matter but we are satisfied that the charges do not contravene the unfair terms in consumer contractes regulations 1999. We also comply with the Office of Fair Trading, in dealing fairly and openly with out customers.

 

When opening your account you were provided with information detailing the terms and conditions. We have also sent you regular updates and tariff of charges, which detail the amounts of our charges. I have enclosed a further copy to you."

 

There is some more but it's more blah blah nonsense.

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Thanks for all your help everyone, t0ssers!

 

:o :o :o :o

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/77506-elma-abbey-started-court.html

 

posts#11-14 should be relevant

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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