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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
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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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Chuppey vs stinky A&L


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Hi,

 

Been mooching about this site for about a month now, learning the lingo and getting my facts straight. My dpa 40 days is up on 29th May, they havent sent my statements or cashed the £10 check (no great surprise!) and I am wondering if I should give them a nudge now or wait the full 40 days? I know from experience that they can get quite stroppy on the phone so I dont really want to call but maybe a letter? I thought I saw a template here the other day but now I cant find it.

 

I will be guided by the advice I am given here, have been on a few sites but this one really struck me as the best. You all seem to know your stuff and give honest opinions!!

 

I am also a bit worried as I live in Birmingham and dont want to go to court!!!!! Hubby says knowing my luck, that judge will probably make an example of me and I will end up doing a six month stretch!!

 

Cheers

C

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Hi Chuppey ,

A&L usually send your DPA request out right on the 40 day limit as they probably know whats coming. I dont think a phone call would make any difference as they will just say they've got 40 days.

The letter you probably saw was in the bank templates section and this can only be used if you dont receive your request by 40 days.

I wouldn't worry too much about the Lloyds case in Birmingham as it can't set a precedent in a County Court , each case is judged on its own merit and cases have been settled in our favour since this.

Good luck

Joe

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thanks Joe,

 

I think my patience is running low now, only a week to go but it has been the longest 40 days ever!!! I just want my statements as I worked out that I had paid £250 in the last 6 months so that x 6 years is quite a lot of squids that I really want back :)

 

I will just bide my time a little bit longer, I can see from all the other posts that there is no point getting my hopes up, it is a bit of a lottery as to whether they send them out or not..... still, they will have to give them to me eventually, more waiting I guess, I will keep you all informed...

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If they dont arrive in 40 days send the non compliance letter.

 

All the letters you will need are here...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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thanks sea-sidelady, I think I will give them a call as I just read Bankfodders advice.....

 

The bank has 40 days in which to comply with your request. You would be well advised to follow the request up with regular chasers - by telephone if possible but also by letter - especially if you have not received any acknowledgement of your request. Keep a diary of all calls and copies of all letters. You are urged to record telephone conversations if possible.

 

I guess it cant hurt to remind them that to comply they will need to post my statements out by friday to ensure I get them for Tuesday, I know they will just go on about 40 days etc etc but I can always end the call if they arent very helpful, as they havent cashed my check I just want to nudge them a bit, in case they put my request in the bin!!!

 

Cheers

Chups

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I rang last Tuesday and a very nice chap said they had been posted first class the previous Friday, and then, the statements came on Friday.

 

I have just totalled them up to £814. I did think it would be more than that but it is £944 with interest, not a small amount, and I want it back!!

 

Prelim letter from template typed and ready to post special delivery at lunchtime. It feels good to finally get the ball rolling and know what I am claiming.

 

keep you posted.

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