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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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Hello everyone - 'Goodwill payment' won from Abbey - can I go for the rest?


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Last year, with the help of everyone on this site, I began a claim for bank charges against Abbey. After receiving copies of all my bank statements I wrote my Letter Before Action and received a credit to my bank account of £510 which was about 35% of the total I was claiming.

 

At the time I was so up-to-my-neck in other things going on in my life and so pathetically grateful to get £510 that I didn't pursue the remainder of the money. Since then, I've been 'meaning to' get on and claim the rest and have now found the necessary determination to do so. My question is - can I do this, or would there payment to me somehow be deemed to have settled the claim? I never received anything saying this was 'full and final settlement' and never signed anything myself. Please someone tell me that I can get the rest of my money, plus the extra charges they have applied to my account since then!

 

Can anyone advise please? :???:

Thanks

Linda

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Linda

 

So glad that you didn't sign anything! They might still argue that your acceptance of the money implies acceptance of 'full and final', but don't be put off.

 

Pick up your case from where you left off, and continue from there.

 

Write and say that you acknowledge the payment, but you accept it only as part payment. Then ask for the rest, plus any new charges, plus interest. And carry on from there.

 

This might help you get 'unblocked' ...

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Good luck!

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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Guest louis wu

Hello, Todge is correct, but just to add, you need to start your claim from the beginning again, with another preliminary approach. Also, when it comes to doing your spreadsheet, add ALL of your charges (from when you began your account), but ALSO add the goodwill payment, but make sure this is entered as a MINUS amount. This way, you will get maximum interest and all charges will apply.....it will also be honest and transparent should anyone look closely at it:), and we don't want to give the banks anything to dispute.

 

As to falling into their hands, well, you did get a parial refund, and they've just been keeping the rest of it warm for you (plus you'll get the 8% interest, which is better than a savings account)

 

Best of luck

 

Louis

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Thanks for the advice Louis. So I should send a further Letter Before Action and set out all the default charges, add interest, get a total, deduct the goodwill charge and claim back the remainder? I could kick myself for not carrying on last year, but life got in the way and before I knew it months had elapsed.

 

Oh well. I'm going to really go for it again now!

 

Also, I'm going back to your post to link through and sign those petitions. I am so fed up with being pushed around by financial organisations...

 

Thanks again,

linda

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Guest louis wu

Southcoast girl, you need to use a spreadsheet, they're in the templates library. There are many to use, but you start with a simple 'without interest' one. Include all the charges in date order, and deduct the GOGW at the date it was given (remember to minus the amount).

 

Then, at court stage, you use the simple 'with interest'. It is basically the same, with the same inputted info, except it calculates the 8% interest for you.

 

Any problems let us know.

 

Louis

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