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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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Black Horse Ppi & Unexecuted Agreement


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  • 6 months later...

Ok. Sorry for long delay in updating this thread but as some of you already know, I moved to Turkey in July and it has taken 5 months to get internet connection.

 

Anyway, because of my impending move, we had to decide whether to go the route of FOS or file court action. We decided on FOS. My friend has one letter saying it had been passed to a case worker. Basically, she hasnt really followed it up until I pushed her into it this week.

 

Anyway, she spoke to case worker today and they have ruled in her favour. However, Blackhorse disagree and have asked to the case to be put in front of the Ombudsman himself. (like that will make any difference). There is a backlog so we dont know how long this is going to take, but it sounds like good news so far.

 

Bring it on... Blackhorse.

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Ok. Sorry for long delay in updating this thread but as some of you already know, I moved to Turkey in July and it has taken 5 months to get internet connection.

 

Anyway, because of my impending move, we had to decide whether to go the route of FOS or file court action. We decided on FOS. My friend has one letter saying it had been passed to a case worker. Basically, she hasnt really followed it up until I pushed her into it this week.

 

Anyway, she spoke to case worker today and they have ruled in her favour. However, Blackhorse disagree and have asked to the case to be put in front of the Ombudsman himself. (like that will make any difference). There is a backlog so we dont know how long this is going to take, but it sounds like good news so far.

 

Bring it on... Blackhorse.

have you had any news yet ?

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There will not be any news until Financial Ombudsman has looked at it.

 

However, apparently only the last ppi was under the jurisdiction of FOS as they were not in the scheme for the prior ppi's. So it looks like FOS is going to make them pay up on the last ppi and we will have to push on with court action for the rest.

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  • 2 weeks later...

The news is that we are going to let Financial Ombudsman continue with the issue of the last ppi sold. Even though they have asked Blackhorse to pay back all the ppi's totalling £20,000, they can only force them to pay back the last one as Blackhorse were not under their jurisdiction prior to (forgotten month) 2005.

 

With regards to the remainder, we are shortly filing court action and the will be using the decision of the Ombudsman as further amunition.

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  • 2 years later...
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