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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
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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.
      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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TSB defence


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Hi,

 

Is it possible to settle a claim out of court and then start another claim one if more charges have been added to your account in the meantime? is there a limit on the amout of claims that can be made?

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Hi,

 

Is it possible to settle a claim out of court and then start another claim one if more charges have been added to your account in the meantime? is there a limit on the amout of claims that can be made?

 

Q1 - Yes

 

Q2 - No (well there could be but you presumably couldn't be described as vexatious!)

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Thanks for the advice, I not sure what this comment suggests (well there could be but you presumably couldn't be described as vexatious!). please confirm :) .

 

I sure you are aware there may be other claimaints who are this same postion, for eaxmple a claim has been agreed (out of court settlement) and they are still being fleeced by the TSB bank everytime they go O/D. Does the TSB really care if the customer/claimant is facing diffculty or has a mountain of debt and is struggling, does 32.00 really help? considering it only cost up to 2.50 to process and post a letter maybe even less and what affect does this have on low earning family on a tight budget.

 

we are all just treated as a VALUE or a figure on a spread sheet (cashcows for their share holders), for example only today HSBC annoced record profits and they even had the nerve to say that 'the bank refunds had not even dented their record profits' make you wonder how much was generated through new bank charges?.

 

Sorry if I sound VEX) but as some banks said "Its always business never personal". If a bank treats its customers as extra renvue banks and continues to charge us (the customer) excessive amounts for d/d s/o ect without justifying how the cost racks up then surley the public have a right to chanllege this so called 'clear' and 'fair' policy. I would and Its a matter of principle as the bank says " Its always business never personal" lol

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I understand that you can claim it in your letter telling the court about the settlement. There is a link to CAG but I am not enough of a technobrat to be able to give it to you.

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  • 3 weeks later...

Great news the TSB has settled two out of three claims in full, the third is on hold pending the test case at the moment, do I need to inform the courts that two claims have been settled and is it possible to submit another claim if the bank charges again 35.00 o/d charges for D/D?

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  • 2 weeks later...
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