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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
      • 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
        • Like

No reply to 2nd letter - now what?! ** WON **


DubaiCat
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I am trying to help my brother reclaim around £2000 from Lloyds TSB. So far we have sent the first letter asking for the charges to be refunded, to which we got the bog standard get lost response (much of the contents of which was irrelevant), so we then sent the second letter. It's been more than 14 days with no reply. I found a great article in a magazine which was really useful to start with, and made it all seem so easy, but I seem to be floundering a bit now! How much longer do we wait before we start court proceedings? Is it better to do this than write to the Ombudsman? What exactly is the next step? Any advice will be very gratefully received - he's getting himself all stressed about it and I'm too far away to be much practical help!

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Hi DubaiCat, I am claiming on behalf of my daughter, and we had exactly the same lack of response as you, thumbing their nose at us, plain rude. :mad:

 

Your next step is to send them a LETTER BEFORE ACTION, under the letter templates, 3. Letter before action - Consumer version - asking for it back.

 

You might also be interested to read the following thread, Lloyds Bank - The Template Response Letters

 

Good luck, please keep us posted on your thread, you WILL win ;)

Gracias a la vida - Thanks to life

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I've just got home and reviewed the situation - as it stands, he's sent the first letter to which we got the rubbish response, and then sent the second notifying them of intention to commence court action. When I checked the template you recommended it was more or less the same as the second letter we sent - do we just go ahead with court proceedings now? Sorry but still confused! Thanks :?:

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  • 3 weeks later...

Sorry haven't posted in a while, been away. We are going to start court proceedings, still no response from Lloyds to the 2nd letter and he came back from a trip to find they had closed his account!! Do we also write to the Financial Ombudsman service now?

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  • 3 weeks later...

Quick update - filed case with money claim online, got a response from Lloyds on Tuesday acknowledging receipt of claim and advising they were considering it for 28 days, then got a letter from Lloyds solicitors this morning offering full refund of fees, plus interest, plus court fee (if my brother accepetd it without prejudice). YAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAY!! Thanks to all who posted and good luck to everyone still going - keep at it. :) :) :) :)

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