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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
      • 160 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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lotte123 v HSBC***WON***


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Hooray! Done. Going to fax a nudge letter, copy the bundle and then send it tomorrow special delivery. So relieved that part is over - going to court can't be any worse than that was! Thanks again freaky for being so patient and helpful.

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Yes, read it, printed it out, have lived by it for 2 days. Cross checked everything against it and a couple of other people's tables of contents. All done bar the shouting I reckon!!!And yes, you have been a tremendous help freaky - if it wasn't for your support think I might have thrown my laptop out the window and run away to join the circus

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Yay team! Got an offer in full from HSBC :D. They even agreed to pay the two charges outside the 6 year limit "exceptionally and on a purely commercial basis".

 

Am going to sign and return. I wont see the money - they pay it straight to their DCA - apart from the court fee. My contribution will be paid to CAG as soon as I get that.

 

Thank you so much to everyone who has helped along the way. I found it really tough but am so glad I didn't give up.

 

One down - just first direct to go now!!!

 

(And now I think I need to contact a moderator - how do I find one of them?!)

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Yay team! Got an offer in full from HSBC :D. They even agreed to pay the two charges outside the 6 year limit "exceptionally and on a purely commercial basis".

 

Am going to sign and return. I wont see the money - they pay it straight to their DCA - apart from the court fee. My contribution will be paid to CAG as soon as I get that.

 

Thank you so much to everyone who has helped along the way. I found it really tough but am so glad I didn't give up.

 

One down - just first direct to go now!!!

 

(And now I think I need to contact a moderator - how do I find one of them?!)

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Congrats Lotte... fingers crossed mine will end up the same :p

HSBC Current A/c : N1 Served 21/06/2007 - Total £3374 (inc int) - Offer £2445 accepted (Charges £2730) ....

HSBC Credit Card : S.A.R - (Subject Access Request) sent 04/07/2007 - Total £TBA

 

Capital One Credit Card : SAR sent 04/07/2007 - Total £520 paid out

 

 

Noe looking to claim PPI....or attempting to..16/01/2012

 

 

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