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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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Prelim letter - forgot to attach schedule!


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Hi everyone,

 

Sorry if this has been answered before but... I sent my SAR (and cheque for £10) off to Yorkshire Bank almost 5 weeks ago. Checked two weeks ago with them to make sure they had got it, and my branch told me that they had already printed off the statements and sent them back to Advice Quality Unit. I then received a letter dated 10 May from AQU advising that they have 40 days from the date they cash my cheque to provide the information. But they have now had my cheque for almost 5 weeks already - is there anything I can do or do I just have to wait for them to cash it?

 

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They have 40 days from when they receive your S.A.R ;) If you have a receipt proving when they received it then that's ok. Failing that you'll have to take the 40 days from the date of the letter you received dated the 10th May. When you start your claim I'd make sure you either get a receipt when handing in letters to your branch, or send letters to them via the Royal Mail Signed for service so you know exactly when they got them. Keep us updated with your claim and good luck.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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  • 3 weeks later...

Thanks everyone,

 

I must confess I made a bit of a mistake... Noticed after I had posted (on a statement) that they had actually cashed my cheque on 4 May. Am now up to 40 days so I have phoned AQU and was told 'we have been inundated with requests but yours is on the first batch to be sent out'. Couldn't get a date though!

 

I am now sending the letter on Cj's link (thanks CJ), and will let you know what happens.

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Hi everyone,

 

I have spoken to a very helpful lady at the AQU this week who told me that they have now outsourced all the SARs to another company due to high volume of requests. Apparently, this company have promised that the requests will be dealt with by this Friday. I assume this can't mean all the requests, maybe just the ones that are over 40 days. Anyway, don't take my word for it but just thought I would pass this info on!

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  • 3 weeks later...

Hi everyone,

 

I have sent the prelim letter recorded delivery (on Friday), but have since realised I forgot to attach the schedule of charges! Should I just send it on on Monday, or, as I have quoted the amount I am claiming, will that be ok?

 

Thanks

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3 threads merged. Please keep all your progress on one thread.

 

I wouldn't worry too much about missing the schedule, as I don't suppose they would pay anyway, but make sure you send it with the LBA.

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