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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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8 weeks until they deal with my claim??? Is this right?


paul738
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27/02/2007 – sent letter requesting details of all charges for the past 6 years.

28/02/2007 – royal mail confirm letter arrived and signed for at 12:34pm.

21/03/2007 – sent secure message asking if SAR had been actioned.

28/03/2007 – no reply to SAR question, asked whom I need to address my question to.

02/04/2007 – received secure message saying letter had not been received. Replied asking whom to address letter to to make sure it got actioned.

02/04/2007 – spoke to customer service advisor regarding SAR, he said he would send out list of charges asap free of charge.

04/04/2007 – received list of charges.

05/04/2007 – sent preliminary claim letter special delivery.

18/04/2007 – sent secure message stating that my 14 day time limit was due to expire and I had heard nothing.

20/04/2007 - received following reply:

We have indeed received your letter but it is not yet due to be worked. I realise that you have imposed a 14 day limit but under FSA regulations we have eight weeks in which to respond to complaints.

 

We will not work to the 14 day period but will respond to you within eight weeks time. I realise this may not be the news you were hoping for but we deal with complaints in order of receipt and are not willling to look at your complaint ahead of schedule.

 

 

is this true that they have 8 weeks to respond? what should i do now? to be honest the last thing i need right now is for them to shut down my account and loan so do i want to try to force this by sending a follw up letter or should i let them adhere to their 8 week limit????

 

any advice welcome, thanks!

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No-they have to work to the set timeframe

 

40 days to respond to the SAR

14 days to respond to the LBA

 

As such they are way out of line and as such you should seriously consider issueing a claim via the Small Claims Court.

 

Also not sure if it is worth sending a copy of their reply to the Ombusdman.

PPMAN159

 

If this comment has helped please click on the scales.

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  • 1 month later...

well finally smile responded with some good news, got a message over the weekend saying they have agreed to a refund of charges and i will be receiving a letter shortly detailing the ammount.

 

im presuming that if it is less than i have demanded i should tell them im willing to accept this as partial payment only and will take the matter to court if they do not refund the full ammount?

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We have indeed received your letter but it is not yet due to be worked. I realise that you have imposed a 14 day limit but under FSA regulations we have eight weeks in which to respond to complaints.

 

Hey Paul,

 

Just to follow up on what the others have said (I have recently started a claim against smile and got the same letter back). Basically they are trying to delay the claim by using the FSA as a scare tactic... in my opinion for two reasons. Because they have more claims than they can handle and just for the pure heck of stalling.

 

You have one thing to remember, by following the information provided here at CAG you are following the legal path. Niether the FSA or smile make the law nor can they change the timeframe that you have set out in your letters.

 

Also make sure you stick to the timeframe EVEN when they tell you an offer is on the way. More often than not the offer will not be what you have requested and if you don't stick to your dates then it just slows down your claim.

---------------

- SilkySmooth -

---------------

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thanks silky,

 

as you say they have tried to draw this out for as long as possible. i was happy to wait the 8 weeks as i was away for a bit and that was only i week longer than my time frame had specified, but this final delay is irking me a fair bit. i have sent a message in this morning asking why it is continuing to take so long to get a confirmation letter out to me. if i do not get a reply in the next day or so should i start my claim with the small claims court?

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Paul,

 

I am not quite as far along as you are... I sent my LBA two days ago so they have 14 days to pay what I have requested. I usually allow an extra 2 days grace to allow for the postal service. So if after 16 days I haven`t had a satisfactory response, i.e. my money back then I will start court action.

 

I have completed four claims to date against one bank and three credit card companies. I had to begin court cases against ALL four of them before they would take me seriously and stop offering partial settlements.

 

As soon as the court cases were started two of the four paid up in full. The other two took it right up until the court date and then paid up in full (one of them left it right up until the last day for the cheque to actually arrive).

 

So based on these experiences I don't allow them any more than a few days for post delays. Four weeks is ample time to respond to a claim.

---------------

- SilkySmooth -

---------------

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this morning i am a very happy man. over £1650 in illegal charges have been refunded into my account over the weekend. the full ammount i was claiming for.

 

my only gripe is that in the past week they have put through £75 in charges for bounced payments, is there anything i can do about these charges or any others since i started my claim?

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Hi Paul,

 

Congratulations! Case closed and move on to the next :)

 

Yes, you can and will need to start a new claim for the £75 they have added. And this time you will feel a lot more confident about getting it back ;)

---------------

- SilkySmooth -

---------------

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Hi Paul,

 

Congratulations! Case closed and move on to the next :)

 

Yes, you can and will need to start a new claim for the £75 they have added. And this time you will feel a lot more confident about getting it back ;)

 

 

excellent, wasnt sure after this settlement whether i could continue to claim for anything else, thanks for the advuice i shall get straight onto it and any further charges they apply to my account in the future!

 

lloyds are next, wish me luck!

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