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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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Smile - my a**e!


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I had an online account with Smile which had an overdraft limit of £400. Unfortunately things got a little out of hand and I went over my limit and obviously Smile wanted their money back. I tried to pay as much per month as possible, but with interest charges it crept upto around £550.

 

Then I managed to get a bit of money together two months ago and paid off all but a measily £8.87. It felt great to have Smile stop calling me endlessly on my landline and mobile.

 

However, over the last week I've started receiving a call per day from this lowlife bunch, and I thought it was just them trying to sell something.

 

But I've just checked online and all of a sudden I owe around £184 - which apparently is made up of £155 daily excess charge, £15 service charge and the rest is interest.

 

For a start why the hell am I being bounced for a daily excess when I paid the best part of £540, I've never had this before even though my account was in dire straits. And what is the service charge, again this has never been applied before. I did notice on a previous statement that a correspondence charge of £60 had been applied, is this because they sent me a first class letter? Aren't postage charges pricey these days?!

 

I am disgusted that they have not sent me a letter explaining this, let alone why these charges have been added. Seems like a pure money making [problem].

 

Before I fire anything off to Smile I could do with a bit of advice so I know where I stand. If I've got a definite claim Smile won't be able to stand cos they'll have a size ten boot up their a**e!!

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Actually I've just looked at this again and I paid £554 which was exactly the amount owing so took my balance to zero, but two days after it was paid the interest charge took me to -£8.87, so it's this charge that has made my balance plummet to -£184 since 19th March.

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Cheers for that.

 

I've sent them a secure message first outlining my view on the situation and also added that if I don't receive a satisfactory response I will be taking the matter further, so I'll see where I get with that. If nothing happens I will send the prelim letter as you say.

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  • 2 weeks later...

Have you had any luck or do you need to send a preliminary letter now?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi, sorry haven't been on for a few days.

 

Yes they've reinstated a zero balance which means my account is now officially closed.

 

Had a response from a member of staff saying she'd pass it on so it could be looked into, then almost instantly one of the managers sent me an email saying it had been sorted, although the £60 wasn't a charge for writing letters, it was for going overdrawn.

 

Quite happy to leave it at that.

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Great stuff. That seems to have been quite painless.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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