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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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Some things to note regarding the FOS


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The FOS cannot investigate a complaint until the firm has had an opportunity to put things right. The procedure is explained fully on their website http://www.financial-ombudsman.org.uk/

 

If you have carried out legal proceedings over the same issues you wish to refer to them and a ruling has been made in court they would not be able to consider a complaint about the same issues. As long as the same issues have not been addressed in court and a ruling has not been made on them they would be able to consider the complaint. If a court case is ongoing they would only be able to consider a complaint which relates to the same issues if the case has been put on hold.

 

You can request interest if you would like this as part of a settlement to your complaint and an adjudicator would consider whether or not this would be awarded if an investigation is carried out by our service. If an offer has been made in full and final settlement and it is accepted the FOS would not be able to consider the complaint. If it is accepted but is not on this basis they may be able to consider the complaint.

 

If you wish to pursue a complaint, unless you have already done so, you should therefore complain to the firm and inform it of your contact with this office. You can do this in two ways.

 

(a) You can contact the firm yourself, when you should ask that your complaint be put through the firm’s internal complaints procedure and resolved or a final decision letter issued. The firm is expected to complete this procedure within 8 weeks of the date the complaint was first lodged.

 

(b) The FOS can send details of your complaint to the firm, on your behalf, if you submit a complaint form to us. (Alternatively, you can provide the FOS with the necessary details by speaking to a member of their staff, on the telephone number shown below).

 

If you want information (or the form) by post, you will need to confirm your postal address.

 

I should add that they need a form endorsed with your original signature when a final decision letter is submitted to this office, or if you wish to report that the firm’s time limit has been exceeded.

 

Please note our postal address and enquiries telephone number:

 

The Financial Ombudsman Service

 

South Quay Plaza

 

183 Marsh Wall

 

London

 

E14 9SR

 

Tel 0845 080 1800

 

Tel 0207 9641008

Fax 0207 9641009

 

 

 

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