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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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Barobalti’s Wife v Bank of Scotland


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My wife is in the process of claiming back £403.22 plus interest from BoS via Small Claim for a Visa account.

 

They offered us a “Full and Final” of £120.00, which we rebutted, of course.

 

Their reply says that, “the initial offer that was sent out to you was a full refund of your charges…”

 

Before we proceed with our claim in Court, I thought I had best check if the following charges were all appropriate for us to claim back:

 

“INTEREST CHARGEOFF” (What the heck is THAT?) of £219.22, a single payment on 9th January 2004.

 

“Card Protect Tel 08701 201054” of £29.00 on 22nd December 2001.

 

“Visa Cheque Card Services” totalling £35.00

 

“Over Limit charge” and “Late Payment Charge” totalling £120.00 – I presume the latter here is the £120.00 they have offered us but can anyone advise us on the first three and should we be reclaiming them? Should I be asking BoS for a full explanation before proceeding?

 

The card was seized when I lost my job and my wife had also been paying Credit Care Insurance at a rate between “Minimum applied” and “73p per £100”.

 

I want to be very careful about every approach I make. This is because I believe that all it will take is just ONE ill-advised and irrelevant claim for the banks to confound our progress via “stated case” as in the multiple claims scenario.

 

HOWEVER – they were kind enough to send me a summary with their last letter and the final page shows (5th December 2005):

 

PRINCIPLE ABANDONED £819.40

INTEREST ABANDONED £209.22

INSURANCE ABANDONED £7.92

 

I have not seen this before – any idea what this means?

 

I am inclined to think that we should just accept the £120.00

 

All advice would be greatly appreciated, thanks!

Ian P of Edinburgh

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By all means phone and find out what they are talking about make sure you understand and if necessary get them to explain in writing so you understand;. Do not give in because all the money they took in illegal charges is yours and you will get it back. If they have been charging interest on you balance which includes the charges which have probably been added to your debit balance you should include that interest in your claim. If you need any more help let me know best of luck

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