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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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Serious Debt Problem, Help Please.


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I concur with Taff's post. The Scottish system does leave us a bit disadvantaged, but as long as you accept that the most you are likely to get back is your charges going back 5 years, you'll be fine. Ditto if your amount keeps you out of Ordinary Cause. (Although it sounds to me like you may well be over that limit.)

 

I'm the guy Taff mentions, but the chances of the 30K are now hopelessly lost, so I'm happy to take the chages as mentioned. (Just had an offer of £2.2K on one account). Reason being, I'd added on contractual interest going back nearly 10 years, and can't find a solicitor who is prepared to argue the merits of this in court. I've moved this up to the Financial ombudsman, but barring a miracle, I think they will also agree that I was chancing my arm too much.

 

Having said that, I still have one more account to be settled as part of my claim, so I am still waiting to see what the FOS say.

 

I'd recommend approaching the FOS 8 weeks after your prelim, and before taking court action if your claim IS over £1500. However, at the 4 week point, I'd start badgering whoever is dealing with your claim by email. I think you'll be surprised. RBS appear to be making offers to Scottish claimants at, or fairly close to the 5 year charges amount as a matter of course now. It might take them a while, but it is happening. Encouraging news perhaps if like me, you were dreading having to get a solicitor to fight your corner in court.

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That's encouraging news. I know it seems very daunting to take the first step, but as I'm sure you've realised as you've read more about the way everyone else has been tackling their claims, there really isn't anything too hard about it. And I'm sure your feelings of guilt that cropped up as you thought you shouldn't really be doing it because it was all your fault, have rapidly given way to thoughts of How Dare They!!!

 

Not everyone likes to keep a thread going on their progress, but I think that the whole purpose of this forum is to let everyone know your experiences, so that they are better armed for the fight, and it also gives folks opportunity to offer their own advice and encouragement when things seem a little bit like you're on your own.

 

So we'd love for you to keep us all up to date on your progress. Taff especially seems to have become a bit of an RBS agony aunt, so I'd encourage you to check out his threads and posts where you can, and certainly listen to his sage advice.

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