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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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Court or Financial Ombudsman?


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Well, Lloyds seem to be ignoring my Letter Before Action, so I've been looking into my next steps, and I've come across people recommending the Financial Ombudsman Services.

 

The only down point on it seems to be that it takes quite a lot longer that Court. I really don't want to go down the Court route if I can help it, so I was wondering if this was a viable alternative.

 

Any experiences or advice please?

 

Thanks!

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I'm in a similar position.

 

If you go through the FOS you'll most likely get a full refund BUT no interest.

 

Going through the courts will probably be quicker and you get interest but there is the chance of the claim goign agsinst you/getting struck out and you need ££££ for the issue fee and allocation questionnaire.

 

You could always start a complaint with the FOS and if it takes too long issue proceedings.

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Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Thank you both.

 

madmaxctr, that's my reasoning too.

 

I think I may go to the FOS and see what happens.

 

I'm not overly bothered about the interest. The money is long gone so anything I get back is a bonus to be honest

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Ditto.

I've sent off my stuff to the FOS about a week ago. Had a letter straight away acknowledging it stating it will be passed to a case handler to look into.

End of the day we've got nothing to lose. We could always litigate at a later date. BUT you can't complain to the FOS after litigation (if it failed).

Interest isn't a major issue I just want to get the rest of the money back. Claim for £1919 net of interest, had a £750 gesture of good will so still chasing £1,169.00.

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Here you go.

 

our complaints procedure and how to complain

 

You can fill in the form on a pdf or word version then print it off and hey presto.

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites

If you go through the FOS you'll most likely get a full refund BUT no interest.

 

You could always start a complaint with the FOS and if it takes too long issue proceedings.

 

The Ombudsman will get you charges + 8% interest, though they don't specify this but the bank will pay interest if you reject their 'only charges' offer.

 

If you go to court you cannot then use the Ombudsman, but can go to court after the Ombudsman.

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