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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
      • 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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Honey v Capital one


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Good luck! Keep us posted.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Don't worry about it, the 40 days counts from when they received payment, not when they cashed it.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Yes. 40 calendar days.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 4 weeks later...

Thanks Graham.

I have totalled up the payments. I calculate that they have charged me £216. I know its a small amount compared to some of the claims but it didnt help my financial situation at the time and its mine so I want it back!!

 

I've done my prelim and its ready to go. Its a bank holiday in NIreland tomorrow and Thurs so I wont get it posted until Fri.

 

It goes to the same address as the DPA doesnt it?

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Yeah. the executive office in Nottingham I think. I am having quite a lot of fun with them at the moment. I am about £90 over my limit but have told them the amount is in dispute as they owe me the charges back. You should have heard the guy stutter when I told him I was paying nothing until it is sorted out.. Good luck (not that you need it)

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  • 2 weeks later...

updating to keep myself right

 

DPA request sent 5th June

Data Protection Act request rec'd. Pre lim sent 14 July - signed for on 17 July

LBA to be sent to be recd on 31 July if no response

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Sent my LBA today to our good friend Mr Udy. Havent heard a dickey bird from him in response to prelim. Here's hoping they reply to this one.

 

Good luck with your claim Honey, I'm still waiting for my statements and the 40 days are quickly ticking by....this is day 24...they haven't cashed my £10 cheque either...!!

 

I ll look forward to hearing how you get on with your LBA.

  • Confused 1

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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Good luck Honey I hope you hear from them soon.

 

Still not received my statements!!! They've got 6 days left!!

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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