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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
      • 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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Hi

 

Sent LBA to BOS and they had till today to respond - NO REPLY.

Should I call them or just carry on to the next stage of court action ?

Am in ill health and awaiting surgery and on incapacity benefit. Really worried about losing more money. Am however determined to see this through. Thanks for listening.:o

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Spoke to BOS on phone (Dunfermline) and they deny receipt of my LBA. The guy however said that he would escalate my complaint and I should fax the dept my letter. Would this be a wise thing to do ???????

I feel like I am hashing up on this !!!!!!:o

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Sorry to be such a pain - just spoke to BOS to see if they had received my fax (see my note above this one). They have received it and said they have till the 9th August to respond. This was my LBA and am now confused as to start court claim now or wait till 9th August ( FOS rules ) or response from them which ever comes first.

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Hi

 

I have given the BOS till Monday as this is when the 14 days is up. They have received the LBA. Due to my incapacity benefit it is going to be a tight one to pay court charges. I do remember seeing somewhere that there is a link to fees for those on some benefits but cannot find it on the site. Can someone please point me in the right direction.

Also, what are the chances of winning anything if I use the Financial Ombudsman - any experiences from anyone so far. If the FO rules in the banks favour can I still take it to court ?????

Thanks for listening:)

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tHANKS FOR THAT SSL. hAVE JUST SPOKEN TO ONE OF THE ADVISERS AT THE FOS AND EXPLAINED MY SITUATION TO HIM ABOUT ILL HEALTH AND THE FACT I MAY START CHEMOTHERAPY NEXT WEEK. HE ADVISED ME TO FILL THEIR COMPLAINT FORM OUT AND SEND IT WITH BOS REJECTION LETTER. HE ALSO GAVE ME A REFERENCE NUMBER. HE SEEMED FAIRLY SURE THAT THEIR SUCCESS RATE IS GOOD AS REGARDS BANK CHARGES.

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Hope That I Am Doing The Right Thing Here But Due To Circumstance Dont Know If I Can Handle A Court Case With The Bank. He Said If They Dont Get It Right I Can Still Have The Option To Take It To Court.

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Risky yes - i guess the court would also take into account that the FOS made a ruling against the claimant and this could backfire.

But, just as the courts do the work for us so do the FOS, so I cant see how this would relate to me getting someone else to do the work like the banks. ;)

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Thanks For Your Help Tilly. Have Got It Done And Amazed At How Much It Puts On The Amount Of My Original Claim.

Thanks For Always Responding So Quickly.

Hold Thumbs For Me Please.:D

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