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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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Kev's Appeal


podgydad
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The FOS have changed their position in recent years on looking at matters that had been litigated, they now have discretion.

 

The following information is taken from Ombudsman news - issue 32 - October 2003:

“Insurance firms occasionally try to insist that we cannot look at complaints about underwriting matters, or where legal proceedings have been issued. These misconceptions are a legacy from the past. The Terms of Reference of one of our predecessors, the Insurance Ombudsman Bureau, precluded such cases. However, the FSA rules give us wider powers and such cases are not outside our jurisdiction. They are, however, among the types of cases that we can, under the rules, decline to deal with”.

 

Incidently and unfortunately Kevin Berwick's case is unsuitable for appeal to the high court as fresh evidence cannot be admitted, you can only appeal on a point of law.

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As a matter of interest would you be willing to take him on a no win no fee basis? What with your current relationship with Judge Cooke that could be a lot of fun!

 

Indeed :-)

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Guidot,

Excellent piece of information. But can we close the thread before it becomes another slanging match which keeps going to the top to the detriment of everybody else?

I now try to keep off any threads which have any reference to Kev, Cooke or podgy. Unfortunately, newcomers do go onto these threads, post questions, get no replies and go away. Not what we are here for is it?

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Guidot,

Excellent piece of information. But can we close the thread before it becomes another slanging match which keeps going to the top to the detriment of everybody else?

I now try to keep off any threads which have any reference to Kev, Cooke or podgy. Unfortunately, newcomers do go onto these threads, post questions, get no replies and go away. Not what we are here for is it?

 

Then they should look here for a far more upbeat theme

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/93886-joint-cag-mse-news.html

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Nic,

Yes, I agree!!!

But shouldn't it be on a sticky or an announcement. Otherwise the thread just rambles on and on. There is often really good stuff on these general threads that just get lost in the argy bargy of who is right or wrong. Most of us just then ignore the threads and miss some of the really good points that the likes of you make.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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I'm really not looking for an argument, I was just surprised to read the press release in light of some conversations I had last week with the FOS. I also found it interesting as I have read on here many times people telling posters not to bother using the FOS as they are a waste of time.

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