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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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Smile want another 4 weeks


cooluk
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Got my list of charges after using a standard letter, I then sent secure message saying that I want my money back and got the following message smile saying it takes them 4 weeks to look into my compliant in line with FSA.

 

I decided to ring them, and got this guy who said it will take 8 weeks as in line FSA which is not true, before they would respond as they just logged it on the system.

I think this guy new it would take 8 weeks read on...

 

I then decided to send in the LBA on Monday requesting my money back or court action, I received a letter today saying they still looking into this and need 4 more weeks.

 

So it looks like 8 weeks altogether before I get a response, was this guy from smile right or did he knew they would do this ? could this be delay tactic or they are facing back log.

 

Can I complain to fsa as they taken so long to respond ?

 

Are people getting a second letter asking for 4 extra weeks ?

 

 

Should I wait for the 14 days from my LBA letter I sent before i start going to court, or give them an extra 4 weeks ?

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What defence have they got? They haven't actually got that far yet as far as I can make out.

 

I'll let you know when and if we get that far!

 

If it's anything like our Nationwide claim, they say they'll defend. They then give their defence as 'the claim has been paid', and miraculously the money appears in your account!

 

All you then need to do is email moneyclaim (or contact your local Court if you went that route) and let them know that it's been settled, (once the monies have cleared), No problems!! Don't let them bamboozle you.:smile:

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Smile have sent me the same letter

 

I sent my prem letter via recorded delivery and received a letter in reply 13 days later saying that all complaints need to be referred to their complaints department. I wrote my LBA letter, via recorded delivery, stating that refunding my money was not a complaint and wished for all unlawful charges to be returned to my account within 14 days. I have received a letter from them stating they will respond in 4 weeks.

 

I know I can now send an N1 form, but is it worth phoning them to explain that I wont wait 4 weeks and I'll be pursuing it when the 14 days are up next week?

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I've had the same - purely becuase I've been busy with work, I've let them have their 8 weeks which are up on Friday this week. So far, no further communication from them.

 

I was one of those who believed this to be an ethical bank. And yes, I do have 'mug' written across my forehead!!!!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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