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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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shagtastic v capital one ***WON***


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27/2/07 requested SAR

 

29/3/07 received statements

 

4/4/07 PL requesting £208 plus 38.77 stat int

 

5/5/07 received letter saying..no sorry but heres a goodwil gesture of £48

 

5/5/07 sent letter back sayin no thanks i want full amount by 19/5/07 or i'm taking you to court!

 

19/5/07 receved 2 letters one saying 'we are nor refunding the £1200 charges' dunno where that came from! and another saying 'sorry you wont accept £48 goodwill gesture" not sure what thats all about with the £1200!

 

21/5/07 issued claim with MCOL

 

21/5/07 sent scedule of charges x2 to court for attaching to my claim

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i got all confused when it came to the interest charges on the POC..basically i put the total amount incl the 8% int in the first £ bit of POC on MCOL claim but then i added an extra 8% on top of the first amount on the 2nd bit..i know i completely misunderstood the 8% bit..its only an extra £15.00 i think i'm trying to claim for ..is it worth doing an amendment? The schedule of charges i sent to court and cap 1 shows correct amount

 

what do u all think?

 

 

shaz

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An amendment will cost you £35 pounds, so i would leave it for now. In any negotiations later, or settlement, if found to be wrong,they will let you know of the error. That's if they notice.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 3 weeks later...

just to let you all know i received a letter from cap one today stating they are refunding the full amount (incl court costs) of £241.38 which will show in my july 1 statement so am not withdrawing court action until i see in my cap one credit card account...

 

so a pensive success story!

 

 

thankyou for all advise and help

 

 

shaz

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Great news shaz

 

And as you've rightly stated, do not cancel that claim until you see those funds in your account!!!

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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Well done Shaz. . worked out great in the end. Wait until the cheque or refund appears before cancelling the court action..

 

Congratulations

 

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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well just to confirm...i've checked my account balance online and its all in there! infact they have paid me an extra £80 at least as when they offered me amounts before to settle and i refused it seems they still creditted my account with these amounts!

 

 

i'm chuffed!

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Great news. . well done. .

 

Ukaviator

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Well Done - I am waiting for them to pay me, have probably already received the letter, but I am in the USA at the moment so will have a nice surprise when I get back.

 

I am spending the money I got from Alliance & Leciester :lol: at the moment, so a big thanks to them

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