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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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Whiz_bit vs HSBC **WON**


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Hi people,

 

I am just going through the money claim website and have a couple of questions about the claim. Hope someone can point me in the right direction.

 

1. Which address do I use, I am assuming the branch will do?

 

2. Can I claim any extra charges since the letters I sent them or do need to imform them first?

 

3. Lastly in the Particulars of Claim how much information do I need to put in there, just that I am claiming my bank charges or do they want more detail?

 

Any help much appreciated

 

Whiz_bit

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I am trying to fill out the particulars of claim on the money claim website and I am getting stuck, I just can't quite get it to fit.

 

I have :

 

The Claimant has 2 accounts XXXXXXXX /

XXXXXXXX with the Defendant,which was

opened in 1994 and 2000.During the period

in which the Account has been operating the

Defendant debited numerous charges to the

Account in respect of purported breaches of

contract on the part of the Claimant and

also charged interest on the charges once

applied.Claimant contends that:a)The

charges debited to the Account are punitive

in nature;are not a genuine pre-estimate

of cost incurred by the Defendant; exceed

any alleged actual loss to the Defendant in

respect of any breaches of contract on the

part of the Claimant.b)The contractual

provision that permits the Defendant to

levy such charges is unenforceable by

virtue of the Unfair Contract Terms in

Consumer Contracts Regulations (1999),the

Unfair Contract Terms Act 1977 and the

common law. Accordingly the Claimant

Claims:a)the return of the amounts debited

in respect of charges in the sum of

£3490.03 including any interest charged

thereon;b)Court costs.

 

Which is one line too many :-x

 

Can you people pass you experienced eyes over it and tell me whether it is correct and how I can get this elusive line?

 

Also I have not added the 8% interest yet where does that get added?

 

As always any help much appreciated.

 

Whiz_bit

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I got a letter from the bank today....

 

 

Thank you for your letter dated 21 August 2006 (my get stuffed I do not accept your offer letter) requesting a refund of your bank charges.

 

Blah blah about T&C's of account and they would be able to resist any legal challenge.

 

We are going to offer you £3295.

 

 

Which isn't bad since I was asking for £3295 plus £124.99 in interest, so I think I will let them off the interest, I didn't even file my MCOL I was going to do that tomorrow.

 

Whiz_bit

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