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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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Ready, Steady, Go....


bob&jules
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Hi all FD Customers (sic or is it sick!),

 

Have had a look at this site and found lots of useful info.

 

Wrote Data Protection Act letter on 2nd July and attached £10.00. FD replied on 4th July saying that copies of 6 years worth of statements will follow and that all would be free of charge (1st winner in saving a tenner).

 

Received copy statements and was amazed that illegal charges for the 6 years amounted to £4148... WOW.

 

Wrote Request for Repayment of Charges on 3rd July and enclosed schedule of charges (plus interest) for FD to consider.

 

They wrote on 16th July (stock letter with photocopied signature) where they disagreed with my contention re: charges. Instead they asked me to contact Robert Kernaghan, Customer Relations Manager - as if I am going down their route!! Get Real.

 

Now awaiting 14 days before sending LBA with revised interest figure and will then see what happens.

 

Quite laid back at present and will keep you posted.:cool:

 

Not as confused as signature might imply.

Bob & Jules

Looking for a result but :confused:

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  • 2 weeks later...

Thanks Tiffla and plasticpaddy for the support, much appreciated.

 

Have now sent LBA by recorded delivery and will continue with small claims court application after 14 days - even though the OFT and major banks have gone to the High Court - better to get in the queue now for when the flood gates open...

 

The templates set up by CaG are brilliant - thanks for setting these up.

 

bob&jules8)

Bob & Jules

Looking for a result but :confused:

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  • 2 weeks later...

Here's the latest update:

 

FD sent letter on 3rd Aug and its abbreviated version is - FD disagreeing with LBA and advising me of OFT action, also advised me that my complaint has been registered and should I issue a claim in the Courts they will apply for an order of stay until OFT vs 8 Banks has been decided, wonder of wonders letter was actually signed as I can see the ink, not a photocopy!

 

LBA time limit expires on 10th August so will be going to the local court on Monday to lodge N1 claim to ensure that I am in the queue for when the flood gates open :cool: . (Can't make 10th as I away on business).

 

Here's hoping

bob&jules

Bob & Jules

Looking for a result but :confused:

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  • 2 weeks later...

Hi all,

 

Another update - just to track the steps taken.

 

Went to Court on 16th August and filed N1 form plus the following after shelling out £250 (added to claim):

Annex A Particulars of Claim (staement of fact)

Annex B Schedule 1 (extracts of T&C's for FD from one of their archive web sites)

Annex C Schedule 2 (print out of claim spreadsheet plus interest)

 

I ignored a statement in FD letter following my LBA saying they would apply for a Stay.

 

Notice of Issue from Court deemed served on FD on 18th August with cut-off date of 3rd September.

 

I will now research how to get the Stay annulled and proceed as I don't want to wait until High Court decides OFT vs Banks as this could be 2 years away. If I don't find anything within this web site will look at Penalty Charges UK - Fighting your Corner for FREE.

 

Will post another update when time is right.

 

bob&jules

Bob & Jules

Looking for a result but :confused:

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It may take a while, but they do pay out in the end! (2 days before the court date in my case!) Good luck

------------------------------------------------------------

 

First Direct - Refund of Bank Charges...... **WON** (Offered full amount of £5200 2 days before court)

 

Amex - Refund of charges..... **WON** (£330 refunded without much fight)

 

First Plus PPI - **WON** (Full Refund of over £7000 + Interest)

Norton Finance - Owe me over £6000 for mis-sold PPI - Starting court action in the new year!

Barclaycard PPi - Ongoing (Being complete tos*ers!)

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  • 1 month later...

Well guess what - got Stayed under Judges discretion and sent letter of complaint. Then received letter from court acknowledging my complaint plus form N244 and instruction to send £75 with completed N244 ... as if I have this money laying around!! There was also a veiled threat that the judge could rule for defendant and that I would have to pay their costs...

 

Looks like I am going to have along wait for my money - oh well just join all the othr Consumers who have been shafted by their banks and the so called justice system - bring on democracy.

 

I hope all Forum Members are OK and bearing up both financially and personally - will keep in touch as and when.

 

Bob&Jules :-(

Bob & Jules

Looking for a result but :confused:

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  • 7 months later...

Hi viewers,

 

Thought it time to post another note - just to update.

 

Didn't go to get stay removed (not elligable).

 

Now, like many other CAGGERS, are awaiting final decision by Court - when it arrives (ho-hum).

 

Suggestion:

Let's start a post on what we think the outcome from the Court will be and the reuslt could be sent to our earstwhile politicians - you know those poor harddoneby folks who are meant to represent us and at the same time make excessive use of expenses... can I see some blue flashing lights going towards some MPs houses?:cool:

 

Happy summer to all and will return later:lol:

 

B&J

Bob & Jules

Looking for a result but :confused:

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  • 1 year later...

Hi and is it really over a year since I last posted anything here??

 

Well time has gone on and I am shortly to be made redundant after 42, yes 42, years at work. Funny but it is good news and has done me a favour as I will be able to settle CCCS debt and also look at getting the millstone mortgages off my back - then I can sit back and enjoy life with the better half.

 

I really found the CAG Forum helpful and must pass on my thanks to all those who went before me and supplied the template letters, etc. that has been so supportive. I look forward to the success we all deserve when the Banks are forced to cough up all those unfair charges - bit more for the retirement fund when it arrives.

 

All the best and I will only post here if somethings goes pear shaped...

 

LOL

Bob & Jules

:grin:

Bob & Jules

Looking for a result but :confused:

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