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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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See you in court / out of court settlement! **WON**


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Help,

I have received two letters today from [problem] - one basically says see you in court. The other is a conditional offer of the full amount claimed - they have even worked out the interest to date.......NICE.....However I disagree with the conditions ...... How do I accept my money but refuse the conditions ? Also what do I tell the Court at this stage ?

Thanks

ZZ

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Didnt have a court date - it had been referred to my local court - I had a letter from the Judge to detail all the charges and interest, which I deposited at court yesterday - so was waiting to hear further.....

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What I did was cross out the conditions that you don't agree with, which I think were nearly all of them apart from accepting it as a full settlement and cancelling the court process. I also attached a copy of that letter I posted above. I did both just to cover my backside.

 

Just to note, you should only send back a copy of the acceptance form, which it states on it. With mine, the money was in the account in three days after posting the letter.

 

Congrats mate

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What I did was cross out the conditions that you don't agree with, which I think were nearly all of them apart from accepting it as a full settlement and cancelling the court process. I also attached a copy of that letter I posted above. I did both just to cover my backside.

 

Just to note, you should only send back a copy of the acceptance form, which it states on it. With mine, the money was in the account in three days after posting the letter.

 

Congrats mate

 

Hi all i received the same 2 letters from [problem] this morning , i'm tempted to do like you have mentioned , including adding the extra letter. Just want to be really sure that this will not disrupt anything and that they will pay up still??? a little worried thats all!!

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I had the same worries slim boy fats. What I was told that it hasn't caused any problems yet, and I can only give you what happened to me.

It was my father-in-laws claim.

I copied the sheet with the full settlement. Crossed out all of the conditions bar two, and had my F I L to sign the bottom.

I also used this letter attached above and stapled the settlement sheet from **** behind.

I probably overdid it as I was scared that the offer will be withdrawn, but it was mailed on Wednesday two weeks ago, and the money was in the account on the friday the same week.

I'm still waiting for my own claim though.

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Hade the same letters todate from [problem] and was just looking for re-assurance as to crossing out their terms as well as sending the standard letter as posted on a previous claim....having read through a few threads feel much happier about sending them and will be faxing them today as well as sending hard copies in the post....with any luck will be out of the red and in the black by the beginning of next week....will ensure I update this thread :D

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Send the letter from the above link. Staple the settlement sheet, with the place to sign on the bottom. Sign the bottom, but cross out all of the conditions apart from the conditions to accept it as a full settlement and also the condition to cancel the court proceedings. (this must be a photocopy and retain the original). The conditions you cross out, I initialed each one, just to be safe.

 

Hope this is ok mate. Some people say to click on the scales if they were helpful. But I don't understand why so don't bother. Its just nice that I can helpin some way.

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Have edited the letter - just accepting the amount as full / final & unconditional settlement. Posted it back with their letter (signed but with most conditions deleted) - not gonna ask for any more for confidentiality as I think they are more likely to go to court and make an issue of greed. Fingers crossed as I head for the Post Office.

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cheers fella for all your help , should i edit the letter tho slightly .. it mentions about not signing the agreement , but then you mention about crossing certain things out but then signing it???!!

 

help mucho appreciated

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