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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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MIS-CLAIM TUTORIAL or HOW NOT TO GET YOUR MONEY BACK


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This post is a cross between a rant and a tutorial of how to make your claim as stressful as possible, both for you and the people trying to help you

 

Below is by no means a complete list of mistakes that people make (and more often than you would think possible, given all the help and information available)

 

Not Reading The FAQs and Step by Step Guide

Anyone who fails to do this should be put up against a wall and shot, well, strung up at least (rope is re-usable whereas bullets cost)

You are taking on a multi-national company with unlimited financial and legal resources. The very least you should do is to have good idea of the overall process and the various steps involved.

Plus it would help cut down on the number of threads with ‘Help, What Happens Next/Now’ in the title

If you haven’t read them yet, go and do it now!!

 

Posting

If you want everyone to quickly lose interest in your thread, TYPE EVERYTHING IN CAPITALS, Capitalise Every Single Word or only use lower case throughout, preferably without any punctuation or paragraphing. And, of course, the longer the better. It’s a pain to read and it’s much easier to move onto another thread that is less of a strain on the eyes.

 

Hi-Jacking A Thread

Simple, don’t do it

 

Multiple Threads

If you really want to confuse/irritate people who are trying to help you, start a new thread for every question.

That way nobody can see your claim at a glance and either will have to chase all over the forum to piece it together or will give advice based on guesswork as to what you have done so far. Not the best way to be given good advice.

 

Estimated Claims

Are an accident waiting to happen. The BBC’s website advice is particularly good – shows you how to estimate a claim for 6 years of charges based on just 5 months statements!! I have yet to see an estimated claim that doesn’t have to be amended.

It will cost you money, time, and stress, probably at a time when you’re short of all three.

 

Claiming s69 Interest Before Court

Not exactly the most heinous crime, but it does show you haven’t read the FAQ’s and Step by Step Guide, and that is a capital offence (see above)

 

Overdraft Interest

You’ve read something, somewhere, can’t remember what or where, about claiming overdraft interest so let's just whack it all in.

 

Contractual Interest

Wow, look at the difference it makes to your claim!!! Ok, you don’t understand the arguments involved or that it has no basis in law. Never mind, just think of all that money….till it all goes pear-shaped.

 

Sending Statements With Your Claim

This is an excellent idea. It saves all that palaver of filling in a spreadsheet.

You are going to need the statements later for your court bundle. It’s just taken you 40 days to get them and will take you another 40 days to get another set, so don’t throw them away or shred them either.

The same goes for any letters from the bank. Never send your statements. Always send a schedule of charges.

 

Computer Crashes

They always happen to somebody else, so there’s no need to keep copies of anything, is there?

Always print out a hard copy of letters you send to the bank or the court. Then when your hard disk fails, you’ve still got copies and you don’t need to spend a month trying to reconstruct your claim.

 

Particulars Of Claim

Don’t bother with the template POC’s, just make up your own. Something short and snappy.

This is where the bank’s solicitors come into their own. So far they haven’t had a leg to stand on, now they’ve got something they can get their teeth into – they’ll rip your claim to shreds faster than you can say pirhana

 

Not Sending A Schedule of Charges When You File at Court or MCOL

Yes, you may well have sent it to the bank twice previously, but it’s at Customer Services at the other end of the country, whereas your claim is sitting in the bank’s legal section or solicitor’s office who have no idea what charges you’re talking about

 

Ignoring Court Dates For the AQ, Directions, Court Bundle, Hearings etc

This is asking for trouble – a sure-fire way to have your claim thrown out. By now your dealing with the courts and judges, who are already pi**ed off with the banks and the amount of work that claims are creating. If they can strike out your claim, it’s no skin off their nose - it’s one less case they have to deal with. Make sure it’s not yours.

 

And Finally………

If, despite your best efforts by doing all or any of the above, you have still managed to win, just take a moment to think back. In the euphoria of a win, it’s easy to forget how close you came to snatching defeat from the jaws of victory. Would you still have succeeded without the help from this site?

So please, please don’t forget a donation, however small.

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Here's your post done 4 ways. The last three are far harder to read and yours is a fairly short post. It's got nothing to do with someone's language or grammar ability, it's solely to do with layout

 

 

I'm very disappointed to read this, but also my fears have been confirmed!!!

 

I have never done a thread for fears that someone would think my English was not correct or that I was thick! I have just read others & have had help from someone that has never taken any interest to my punctuation but to my problems & tried to help me!!!

 

So does this mean MB that if you do not have an O'Level or above in English it's a pain to help them for fear of straining your eyes & therefore much easier to move onto another thread to someone that does & help them?

 

I thought we were here to support & offer advice to each other. Not our grade in English we gained as to whether we were worthy to support & advice!

 

I'm very disappointed to read this, but also my fears have been confirmed I have never done a thread for fears that someone would think my English was not correct or that I was thick! I have just read others & have had help from someone that has never taken any interest to my punctuation but to my problems & tried to help me So does this mean MB that if you do not have an O'Level or above in English it's a pain to help them for fear of straining your eyes & therefore much easier to move onto another thread to someone that does & help themI thought we were here to support & offer advice to each other. Not our grade in English we gained as to whether we were worthy to support & advice

 

 

I'M VERY DISAPPOINTED TO READ THIS, BUT ALSO MY FEARS HAVE BEEN CONFIRMED!!! I HAVE NEVER DONE A THREAD FOR FEARS THAT SOMEONE WOULD THINK MY ENGLISH WAS NOT CORRECT OR THAT I WAS THICK! I HAVE JUST READ OTHERS & HAVE HAD HELP FROM SOMEONE THAT HAS NEVER TAKEN ANY INTEREST TO MY PUNCTUATION BUT TO MY PROBLEMS & TRIED TO HELP ME!!! SO DOES THIS MEAN MB THAT IF YOU DO NOT HAVE AN O'LEVEL OR ABOVE IN ENGLISH IT'S A PAIN TO HELP THEM FOR FEAR OF STRAINING YOUR EYES & THEREFORE MUCH EASIER TO MOVE ONTO ANOTHER THREAD TO SOMEONE THAT DOES & HELP THEM?I THOUGHT WE WERE HERE TO SUPPORT & OFFER ADVICE TO EACH OTHER. NOT OUR GRADE IN ENGLISH WE GAINED AS TO WHETHER WE WERE WORTHY TO SUPPORT & ADVICE!

 

 

I'm Very Disappointed To Read This, But Also My Fears Have Been Confirmed!!! I Have Never Done A Thread For Fears That Someone Would Think My English Was Not Correct Or That I Was Thick! I Have Just Read Others & Have Had Help From Someone That Has Never Taken Any Interest To My Punctuation But To My Problems & Tried To Help Me!!! So Does This Mean MB That If You Do Not Have An O'Level Or Above In English It's A Pain To Help Them For Fear Of Straining Your Eyes & Therefore Much Easier To Move Onto Another Thread To Someone That Does & Help Them? I Thought We Were Here To Support & Offer Advice To Each Other. Not Our Grade In English We Gained As To Whether We Were Worthy To Support & Advice!

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MB,

I see your point about the different lay outs, but are we not ALL entitled to the same help???? Whether it's laid in the correct manner or not? Yes, I've never said otherwise

 

After all our predicaments are the same in no whatever lay out! The bank still send letters etc... The stress levels are still the same!!

 

I can say with my hand on my heart, that the person that has helped me has saved me from insanity!!!

 

Never once have they said I've laid it out in the wrong manner or too difficult to read!!! But taken the time to encourage & advise me on the next step forward. Nor have I, but it's still a pain to read

You're reading far too much into the original post, which was meant slightly tongue in cheek and not to be taken too literally.

 

Not Reading The FAQs and Step by Step Guide

Anyone who fails to do this should be put up against a wall and shot, well, strung up at least (rope is re-usable whereas bullets cost)

Strange that you're concerned about all being entitled to the same help, but not about them being shot!! :grin:
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