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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
      • 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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what a nightmare


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Well where do i begin.... had a time of it and the post office are rubbish....sent my letter at beginning of April and sent my letter registered post, kept telling me that my letter wasnt delivered (twice its happened), so had waited over my 14days, then went into the bank with my letter asked for a signature, girl said i would need to enclose copies of the statements i was claiming back, so away i went, been so busy at work that sort of forgot, just when i did remember i got a letter from the bank telling me they are willing to pay me my £1100 (ish) back though just as a good will gesture as they are not at fault...

 

My dilemma now is they will only pay into the account i had with them which is unfortunately still open and im paying them back the debt i owe them due to their charges meaning i nearly had to make myself bankrupt.... they have said i basically take the money into the account and i dont see a penny or i dont accept the offer???? anyone heard of this and any advice on what i can do about it...

 

June

Data Protection Act sent 27/06/06

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Hi June not the first time its happened.

The answer is simple.Tell them that you are using your rights of appropriation to request that payment be made to you in your name to your address by cheque.Its possible they will withdraw the offer but if they do then proceed with the LBA giving them 14 days to pay up.

If they agree make sure the cheque is not made out to your account number (they have used this trick recently )

wait for it to clear and then sign their letter for acceptance.

If they dont settle in full by the 14 day deadline then file for Court and ask for appropriation on the claim form.

You will also then be entitled to file for interest at 8%

 

You will probably need to address the other matters seperately.Have a look in the debt forums.

If you want to address both at the same time then there are ways to do this.

Do not accept as full and final for all matters on the account if there are still issues of arrears.They may try and trick you into accepting the money without sorting out the arrears.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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should i then decline their offer and issue the lba stating i want this money by cheque before i will accept.

 

Dont get me wrong im going to be paying off all the debt in about 4 weeks but its not the point...

 

Thanks for your response Martin

Data Protection Act sent 27/06/06

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just a quick query before tomorrow, should i call them or reply to them on the acceptance letter that i will only accept if a chq is made payable to myself, or should i send in the lba saying im not accepting this unless its on my terms

 

June

Data Protection Act sent 27/06/06

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