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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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Unwilling to refund


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Hi Pov,

 

Saw this and thought of your case - http://www.consumeractiongroup.co.uk/forum/general/130570-fos-resumes-business-claims.html#post1372643

 

Have you had a reply back from court yet re getting your case unStayed?

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Have just rang court as have not had reply to letter/press release i sent early jan to be told that the judge has said 'no action need to be taken' as all bank charge cases are waiting for the outcome of 'big London case' ????

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Hi Pov,

 

So they've not had the decency to respond to you by letter. :mad:

 

Hattie has had the same (lack of) response, so I'll get the Team to have a think and will come back with your next move.

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Have just rang court as have not had reply to letter/press release i sent early jan to be told that the judge has said 'no action need to be taken' as all bank charge cases are waiting for the outcome of 'big London case' ????

 

Pov, have a look at the OFT test case here. This relates to overdrafts only, not loans / credit cards etc.

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/107548-office-fair-trading-test-new-post.html

 

This is why the Courts are putting a 'Stay' on claims (at the request of the Defendant. The case was brought by the OFT to place clarity on the law with respect to charges.

 

Let me know if any problems.

 

Tide

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  • 4 weeks later...

Hi Pov,

 

Hattie sent a letter, to Barclays this time, but we've heard no more from her since.

 

You should have a look at Martin's thread here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/80397-martin3030-barclays-business-round.html#post1418471

 

If Barclays are willing to agree to the Stay removal in other cases, you need to be ready to move on as well - Court Bundle, etc.

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  • 1 month later...

I think you know business claims are in some difficulty.

 

Do you know if you are allocated to the small claims or fast track. I see that you made reference to N150 earlier which may lead to you being on the fast track.

 

How much was your claim for?

If I have been helpful please click on my star and add a comment.

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thanks for replying GuidoT but i was just jokin really trying to make light of the situation ...

 

i think it was form n149 i filled in . i have 2 claims in this thread one is personal thru money claim on line and a business account trying to claim just over 2 grand at my local court .

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Okay, I was concerned about your exposure to the other sides legal costs.

 

You should keep the two claims in separate threads otherwise it gets very confusing when reading back.

If I have been helpful please click on my star and add a comment.

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Hi Pov,

 

Looks like the business claim is all but over. See the bottom of this thread - http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139971-oft-abbey-others-april.html#post1489976

 

There's work being done on this but no-one sounds hopeful at the mo.

 

We'll let you know. Maybe use the thread for the personal claim from now on. :(

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one thing really gets me with the bank charges

and thats customers who do not learn from their mistakes

]

see youre all expecting to get money back for being charged but you need to look at why you got charged in the first place. and the bottom line is you cant manage your finances but in some chases its understandable for the charge to be refunded eg standing order/direct debit went out when it shouldnt have.(out of your control)

 

but back on to learning, if the bank charge was set at 10 pound everyone will be going overdrawn and wont give a dam but being set at 30 pounds youre meant to be learning from a mistake. its like getting a speeding ticket or parking on double yellas when you get that fine you wont do it again will ya and anyway i cant see the banks losing but if they do youll all have to start paying for your accounts which will upset many people and more than likely cost alot more than one or two charges

 

(tell me if im wrong)

 

-danny-

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hey danny just had a look at your home page that was fun :rolleyes:

 

threads asking 'how do you kiss ' pmsl

 

most users ever on line err 59 ... well it tickled me this mornin thanks :)

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(tell me if im wrong)

 

-danny-

 

Danny, your wrong.

 

Pov, you've seen his homepage, so you'll know why he has to get out now and then and visit sites that have members.

 

Ignore the Troll.

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  • 1 month later...

hi bigmac i have 2 claims on the go in this thread one business one personal , i didn't know that i had to have 2 seperate threads when i started claims DOH

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Hi Pov,

 

Can you start a new thread for your personal claim back in the Barclays forum and give brief details of where it stands and how you got there.

 

Hope you're well. :)

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