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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
      • 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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BuxtonFC v FD


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Hi all. Finally decided to tackle FD and reclaim charges after reading about many successes on this board. After getting my 6 years' worth of statements I sat down and worked out how much I was going to ask for. I was amazed that the figure came out at just over £1000. Entering the figures into the advanced spreadsheet I found that the total (inc. interest) was just short of £1200. Sent off my prelim request on 10th April and received reply yesterday offering £895 in full and final settlement.

 

Of course I am going to decline this offer but I was wondering if anyone could point me in the direction of a suitably worded reply to FD. I've looked at the letters in the library section and Letter 1 seems to fit the bill, except that it contains sections which mention return of a cheque or refund of money already paid into an account. As neither of these events have occurred, would it be ok to use that letter and just omit those paragraphs or is there a more suitable alternative? I want to make it clear to them that I want the full amount and would be prepared to take the matter to court if necessary.

 

Many thanks in advance for any advice :)

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Guest ChloeJane

Hi Buxton,

 

The templates are merely a guide for you so I would use the template and change it to offer by phone or however the offer was received. The rest of the wording would I assume be close to what you seek.

 

A link is here.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

Send the letter off and wait the 14 days!

 

You can choose to wait for them to contact you as in their letter, it depends on whether you are pro active or re active to how you deal with them.

 

If you send the letter off, spend the time till they reply reading up on how to claim via the court and read into which way you might claim.

 

Money claim online

 

5. Money Claim On-Line (MCOL) Particulars of Claim

 

N1 at your local court.

 

4. Particulars of claim - N1 - hard copy version

 

You may also like to read up on fees and if you have to pay them!

 

You can apply for an exemption through the court when you file your claim so it is worth a read and if in hardship, worth applying.

 

http://www.hmcourts-service.gov.uk/H...fl ets_id=172

 

That should keep you reading and informed for the next step after the letter.

 

Good luck and if you need help look me up in the chat room!

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Hi ChloeJane,

 

Thanks for your reply. The template letter you suggested seems to fit the bill (with a slight amendment to the first line to suit the circumstances). I'll get a copy sent off to FD tomorrow and then sit back and wait for the money to roll in :)

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Hi, me again,

 

Just a quick update. I have prepared a letter for sending and would like to check if the wording is acceptable.

"I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx.xx (I have deducted the £5 Tariff fee from my original claim as I am willing to accept that this is not refundable).

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I calculate that you have taken £xxxxx.xx plus £xxxx.xx which you have charged me in overdraft interest for the sum which you have taken. Total £xxxx.xx

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the xxth April 2007.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

I trust this clarifies my position."

 

Blimey, this reclaiming lark is fun!! :):)

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Guest ChloeJane

Well done!!

 

Its a great letter!

 

Feels good to write letters like this and be confident stating you know you are right.

 

Post it off!

 

Good luck!

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  • 2 weeks later...

Hello boys and girls,

 

Quick progress report - sent off Rejection letter (worded as above) on 23rd April. Got home from work today (2nd May) to find a nice letter from FD offering to refund the full amount of bank charges claimed (£1051) :grin:, but not the £130 I'd claimed in Overdraft interest. Not too upset about not getting the interest back 'cos I'd only put it on the claim so that there was a little room for negotiation!

 

I'm now looking for a suitably worded letter to send back with their declaration of acceptance which makes it clear that I'm happy to settle this claim, but if the buggers slap on any charges in the future then I'll be on to them sharp-ish!! Any suggestions for the content of this letter would be greatly appreciated :).

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