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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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Debbie v GE money and London Mort Co.


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hi Debbie

 

We dont recommend using a consultant or company as this can prove costly, up to 75% of the money you claim back!!

 

It is a really easy process, so please dont worry, we are here to help and support you.

 

First of all use this rule of thumb to decide which charge can be reclaimed:

 

"if it has been added to your account because you have breached a term in your contract, e.g missed a payment, then it can be reclaimed"

 

Ok so now the next steps:

1. Buy a nice bottle wine

2. Clear the dining table and your evening duties

3. Open the wine and have a glass.

4. Put your transaction history (what shows payments / charges etc) into date order.

5. Use a hilighter (pink works for me!) and hilight each charge using the rule of thumb above.

6. Place all hilighted pages to your left, non hilighted to your right and raise your glass you mouth for a slug!

7. Using the hilighted pages enter the information into a spreadsheet. Find the spreadsheet using this link. Add the date, what they have called the charge and the amount in the relevent columns.

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/69359-cant-find-what-youre.html

8. Have a well deserved glass of wine and print out the spreadsheet. Make sure you save it to your pc too!!

9. Write your prelim letter (see link above for the template) and send this with your spreadhseet via recorded delivery to GE Money

10. Finish the bottle and sleep!

 

Hope this helps, ill monitor this thread and try to answer any other queries you have.

Oh and write to GE and tell them they have missed out the copy of the contract...tell them how many days they have left of the original 40 alowed by DPA SAR and you will enforce legal action if this is not sent to you before the end date.

 

Mrsfoot

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Hi Debbie

 

You send the prelim letter first. This can be found folowing the link i gave you on my first post.

This will ask nicely for the charges back and state what reasons you are suing to reclaim them. Make sure after you have completed the spreadsheet that you read all you can on the unfair terms in consumer contract regs and understand wht it applies to your case. Also read the OFT report, also found in the link and see how that applies to. It is really important that you understand why you are doing this.

Good luck with the wine lol

 

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