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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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Threat of legal action (lloyds) excess overdraught wholly their charges


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I too was trying to recover my 'real' statements but with no luck, so I stamped my feet recently as they had passed the 40 day allowance in response to my SAR request and also my 14 day reminder letter.

 

I have now managed to get a list of the charges AND a full photocopy of statements for two accounts - I got these in a flood of mail THE FOLLOWING DAY - eek!!

 

What I found interesting was where I had sent the letters, and where the replies had came from? 1st ltr sent to my business centre in Southampton - but it was received in Manchester but the reply came from the Copy Statement Centre in Birmingham. 2nd ltr sent to CSC, Birmingham, BUT the reply came from my OWN branch in Littlehampton (signed, pp Copy Statement Unit - ah ha), with full copy statements going back to 2001.

 

I noticed that the first 'Dear John' ltr came from the Customer Recovery Centre, Andover (apparently according to them they are the guys who will eventually repay you): Tel: 01264-832297/832915/725214/832238. I rang them, very helpful, gave me an update off their computer and was told that they would chase the Copy Statement Unit, Birmingham.

 

I was now made aware that because of the huge number of requests they were just sending the list of charges to keep up with the DPA. THEN I found out that anything before Sept01 was kept on microfiche - this is obviously a time consuming task to recover, print and send, and where were they kept?

 

So, realising that the 'real' statements had come from my own branch I rang them; lady told me that they could only go back to Sept01 (she was quite snotty at first), and it seemed to me that this is what she had been told to say; I told her this was rubbish as they had to comply with the DPA and that 6-months were missing from my claim date. I also told her that some members of the CAG had managed to go back 15yrs - so after a short while she fiddled with her computer, her attitude changed, and even wished me good luck with my claim; she also told me that the 'flood' of applications had now slowed down -;) the next day I received a list of charges from CSU and full statements from Littlehampton

 

Lessons learnt (I think imho) are requests for copy statements go to CSU, BHX (this would have saved me 7 days if I had done this). Prelim ltr to Andover and not BHX, another saving of 7 days; likewise LBA to Andover and not LDN.

 

Hope this helps

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Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

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