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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.

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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.
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      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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Codeycat vs IF


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Hi,

 

I sent my first letter towards the end may, and was just about to send the second letter when I received an offer for 50% of my claim.

 

The temptation to cave in and accept it is ... almost overwhelming.

 

Anyhow, I need some advice. There are five versions of the 'rejecting offers' letters, but none of them seem to fit my case.

 

In their letter IF have said 'If you wish to accept this goodwill gesture in full and final settlement of your complaint, please sign and return the acceptance form and I will arrange for a credit of £xxx to your current account.'

 

How should I respond?

 

Thanks a lot for any help. Now I know why I never wanted to be a lawyer.:rolleyes:

 

Cheers,

 

Codeycat 8-)

"There are two means of refuge from the miseries of life: Music and Cats."

Albert Schweitzer

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Hi,

 

I sent my first letter towards the end may, and was just about to send the second letter when I received an offer for 50% of my claim.

 

The temptation to cave in and accept it is ... almost overwhelming.

 

Anyhow, I need some advice. There are five versions of the 'rejecting offers' letters, but none of them seem to fit my case.

 

In their letter IF have said 'If you wish to accept this goodwill gesture in full and final settlement of your complaint, please sign and return the acceptance form and I will arrange for a credit of £xxx to your current account.'

 

How should I respond?

 

Thanks a lot for any help. Now I know why I never wanted to be a lawyer.:rolleyes:

 

Cheers,

 

Codeycat 8-)

 

Hi Codeycat,

 

We had the same letter and I was confused which template to use because they had not actual paid any money at this stage, so in the end I used template '1 ' and adapted slightly, I removed the part concerning a cheque but in the part about creditiing my bank, I modified it to say something like ' if they did still go ahead and credit my account with this amount that it should not be seen as my acceptance and because of that they could remove any amounts that they transferred into my account'

we gave them 7 days to respond (which was just about in line with the 14 days deadline of our LBA)

 

Just do the same and change wording slightly, dont forget to send recorded delivery though.

 

Also just to let you know, a couple of days after they received our rejection letter my son phoned, spoke to a nice man, asked if they intended to settle fully , son explained that he was asking about this because he would be filing with the court very soon and would rather save them both a lot of time/additional expense etc, the man said that he would make a note on the file and mark as priority, and guess what..... yesterday my son received a letter from IF offering to pay him back 100% of the charges he was claiming:-D

 

So good luck with your claim..... I dont think that you will have to wait much longer now:p

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Hi Codeycat,

 

I agree with Babynan but dont be tempted to accept their offer.

 

Easy to say i know, but we have all been there! It looks like IF are offering everyone 50% as a first offer then coming back in with the full amount before getting to the court stage (at least i hope so!)

 

Good luck... the few of us that do visit the IF forum are right behind you..

 

John

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Thank you both, so much!

 

It is a worrying time, and to feel that there is support out there is ... wonderful.

 

I'll let you know how I get on.

 

Cheers,

 

Codeycat

"There are two means of refuge from the miseries of life: Music and Cats."

Albert Schweitzer

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Hi Codeycat,

 

Also just to let you know, a couple of days after they received our rejection letter my son phoned, spoke to a nice man, asked if they intended to settle fully , son explained that he was asking about this because he would be filing with the court very soon and would rather save them both a lot of time/additional expense etc, the man said that he would make a note on the file and mark as priority, and guess what..... yesterday my son received a letter from IF offering to pay him back 100% of the charges he was claiming:-D

 

Hi, Babynan,

could you tell me how long it was after your son phoned IF that he received their full offer? I'm asking as I sent the 50% offer rejection letter last friday, and I'm ... erm ... wetting myself. :confused: :o :p

Thanks,

 

Codeycat

"There are two means of refuge from the miseries of life: Music and Cats."

Albert Schweitzer

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Hi, Babynan,

could you tell me how long it was after your son phoned IF that he received their full offer? I'm asking as I sent the 50% offer rejection letter last friday, and I'm ... erm ... wetting myself. :confused: :o :p

Thanks,

 

Codeycat

 

HI Codeycat

 

Within 4 days after the phone call...................... GOOD LUCK (although you do not need it, you will get your money) :grin:

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I didn't have to phone ...

I got my 'full offer' letter in the post this morning! :D

"There are two means of refuge from the miseries of life: Music and Cats."

Albert Schweitzer

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Update:

I Was offered the full amount, but like Laddie18, they haven't paid me, as yet.

 

According to the Post Office my 'compensation acceptance form' was delivered a week ago, and still no funds...

 

If anyone has any soothing comments on how long it takes them to cough up, I'd be delighted to hear them.

 

Still worried, still Codeycat.

"There are two means of refuge from the miseries of life: Music and Cats."

Albert Schweitzer

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Hi Codeycat,

 

Have you tried annoying the hell out of them by calling them up regularly?

 

As i said, i called them 3 times and got a different answer everytime.

 

I am going to call them up during lunch to see if i can have a definate date as to when the money will be paid - that is all i want to know!

 

Keep me posted and i will you if you get anywhere!

 

John

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I've just got off the phone. They said (I should have recorded it) that it had 'just been signed off' and payment would be made in seven days to fourteen days, though (nice lady added) normally seven days...

 

They obviously need the interest...

"There are two means of refuge from the miseries of life: Music and Cats."

Albert Schweitzer

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Nice one Codycat....well done!:D:D:D:D:D

IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

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