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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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Mistie V Goldfish


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Hi all,

 

Thought it was about time i started my thread.

 

Got my staments, owed £881. offered £317.

 

Letter sent off 8 days to go now, going for contractual interest at 17.9% which is what they charged me.

 

Will keep you updated.

 

Mistie:p

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Hi

I wonder if you can help

 

sent Goldfish a letter several weeks ago schedulling all my late charges of £976.00 together with interest of £204.65 and demanding a repayment of £1180.85.

Received a letter today refusing to pay any interest as Goldfish allocate payments to pay off charges before other balances and say therefore that I have not incurred any interest to be able to charge for it.

Secondly They are saying that the review by OFT of a fair charge of £12 allows them to refund the difference between what was charged and the £12.

Consequence is that they are offerring me £330.00.

Do I accept this and if not what arguement can I use??

 

Please help.

Regards

Smiley Mike

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i used this in my reply letter.

 

The £12 mentioned in your letter has been set by the office of fair trading as a figure that was deemed fair and may or my not refect any actual or real loss.

Should you wish to provide me with a detailed breakdown of your liquidation cost in relation to these charges and show that they are £12 i will consider your offer.

 

feel free to copy and paste.

charlieboy used it and won

 

mistie:p

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Mike

 

The OFT gave the £12 as a maximum with the note that usually it would be a lot less. Whatever GF have charged, whether £12 or 12p, if it is more than their actual costs caused by your late payment or whatever, it is unlawful. What they say about interest is also a load of baloney. They put cahrges on you account which increased your debt. They charged you interest on the total balance. Therefore they charegd interest on the charges. However they try to gloss it over, the logic is inesacpable.

 

Ignore their protestations and send them an LBA with a paragraph accepting their offer as a partial settlement only. Mistie's paragarph is good too.

 

If you want, post your draft letter here for comment before you send it.

 

Steven

 

 

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  • 2 weeks later...

OK just to let you all know mistie won her full amount against goldfish, on her pre lim letter.

 

Her post updating her claim has been waiting for the mods to post it.

 

 

Goldfish was very easy to claim against, if anyone wants a copy of the paragraph mistie put in her letter please feel free to pm her or me and we will send it to you.

 

 

WON WON WON £881.

 

 

mods you have no need to edit this post.

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