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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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planet_moomin v's smile


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Hi,

New to this board - hello :) !

 

I've just sent off my claim letter (rec deliv) they sent through my list of charges in super quick time. Just wondered if there was a view as to how long I can expect to wait now and how far Smile take things prior to settling?

I've claimed £1,100 & £300int.

many thanks

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As before post this thread in the Smile area under Planet Moomin v Smile-that way you can check on the progress made by others

PPMAN159

 

If this comment has helped please click on the scales.

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  • 3 weeks later...

Hi,

So far I've sent my first & second letters off. Smile have responded promptly each time saying they're looking into it....the last letter said they'd respond to me within the next 4 weeks.....

 

I've read other peoples threads and see that Smile seem to be paying up....So do I wait the 4 weeks, or push ahead with the court action.....

 

I would really appreciate your opinons.

 

Many thanks

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If the second letter is the request for repayment then they have 14 days to reply and not 4 weeks.

PPMAN159

 

If this comment has helped please click on the scales.

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  • 4 weeks later...

Just thought I'd do a quick update....

 

I've done all the stages, and had many terribly nice letters back from them saying sorry your upset we'll be back to you in 4 weeks.....

 

I've entered a claim with money claim, and they've decided to submit a defense....

 

So not sure what this means to me, I guess this is the next stage....will i be asked to submit any info??

 

Hope everyone else's claims are going well!

 

I shall be watching the post eagerly now!! Any thoughts appreciated :)

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Interesting that they have decided to submit a defense. From what I gather from previous posts smile have been fairly easy to deal with in the past.

 

Good luck and keep us posted!

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I wouldn't worry too much. Wait and see what it says. I wouldn't be too surprised if they pay before you get a defence TBH. It just gives them a bit more time if they say they will defend.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Don't worry about it, they submitted a defence to my money claim too! They've just paid me out including court costs, Stat Int and charges. My claim was acknowledged 15th May and I got a letter from them today dated 25th May settling in full! My only problem now is they've paid part of my money into an account that has be closed! So I've told them that I need it by chaps transfer today, otherwise the claim hasn't been settled, they doing it as I type!!!!

 

Just sit tight, you will get your money.

 

:):smile: Tink2

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