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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
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Where to send First Direct letter?


doris
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hello

 

thanks for v helpful site. i'm 'only' owed 60 quid (the rest is too old to claim :( ) from first direct. first question -- in your opinion, is it worth the hassle? (incidentally, it seems to be to me, but lots of people on this site seem to be claiming £000s).

 

second question, relating to the first -- if i send the first direct letter to their main address in leeds, might i have to go to court in leeds? (i live in cambridge.) if so, i don't think £60 would cover the train fare.

 

tia

 

doris

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As far as I know First Direct dont have "branches" as such, I dont see you have any choice.

 

Saying that, have you tried phoning them. I would say you stand a good chance of getting £60 back in "goodwill" over the telephone.

 

Especially if like you say these are your only charges in the last 6 years

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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Certainly worth phoning them to try and get the charge back, personally I doubt they'll oblige, at best they'll probably give you a 50% refund.

 

The amount really is insignificant, it's whether or not you feel you should rightfully have that money, and more to the point whether you feel you could goto court and prove that you should rightfully have it to a judge.

 

I think you are eligible (should you win in court) for what is considered reasonable travel expenses. Whether this is automatically awarded, or if you have to outline the details in your claim i'm not sure :? but i'm sure one of the more knowledgeable members could clear that up.

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No you ask the judge for it when the case is concluded

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just spoke to first direct as suggested. very helpful person, but unable to help... says i need to write to customer relations. so i will! wish me luck...

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  • 2 weeks later...
  • 2 weeks later...

dear all

 

just thought i'd let you know that i've just received a letter from first direct saying that they will repay my bank charges without admitting liability.

 

there's a waffly paragraph about how they are confident they would win in court but are 'mindful of the management time and irrecoverable legal costs' they would incur in court. doesn't your heart bleed?

 

anyway, the bottom line is that as long as i sign to say i'm not pursuing it further, they'll send me a cheque.

 

it's 'only' £60, but it's mine and it's coming back! thank you so much for a great website. power to the people and good luck to everyone else.

 

'doris'

 

editsign.gifTHREADS JOINED. PLEASE KEEP TO 1 THREAD PER CLAIM, OR IT WILL GET VERY CONFUSING FOR ALL. THANKS.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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