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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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Restarting a claim.


T_A_B
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Below is the details of the claim i started back in August 2006.

 

Shortly after posting on here I discovered that my landlady had been breaking into my room and reading my mail etc. This led to me having to find a new home. Lots of other things compounded this fact and the pursiut of my claim got forgotten about.

 

What i'd like to know is the best way forward from here. I don't mind starting the whole process again and sending them another letter with an updated schedule of amounts. Do you think this is the best course of action or should i proceed to "the letter before action"?

 

Slightly bemused, T_A_B.

 

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Just keeping everyone up to speed with my claim.

 

I sent them the first letter along with my shedule fo charges, (tech savvy so i got these from my online statements without having to refer to the branch)

 

LLoyds replied with what appear to be a fairly standard letter, explaining about the charges and ending with the paragraphs:-

 

"I do hope you can see that we make our charging system as fair as possible - and why i cannot agree to cancel your charges.

 

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Servic you must do so within 6 months from the the date of this letter. I have enclosed their leaflet that outlines how to contact them.

 

Thank you once again for taking the time to raise your concerns with us.

 

Yours..."

 

I fully intend to send the Letter Before Action response. But wondered if it was "ok" to edit the wording as the standard LBA seems to have been written for the case of the bank not responding.

 

ie. "I am very disappointed that you have failed to respond to my letter of the [XXDATEXX]."

 

Any advice would be much appreciated.

 

NB. On a side note the bank response was FAST. Send them the letter on Wed 8th, their response is dated Mon 13th. The franked envelope is dated the 16th hmmm do you think they have alot of these letter to send out?

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