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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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Capital one & buchanan clark & wells


mrsc
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It's a bit untidy, and 2 of the links go to the main page Mrsc. . You can make out the small print when you zoom in, but we need the other page to look at, to see if anything is missing from the paperwork ..

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That's ok, take your time. You should have a page with all of the figures and signatures on. .

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I will get it taken off for you...

 

This is'nt an actual Credit agreement. Did you get an actual agreement from them?

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  • 1 month later...

What was the response?

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Oh good. . e mail seems to work now Mrsc. No more excuses from them about the mail strike etc . .

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  • 2 weeks later...

Looks like the sort of thing a lot of us have had. Are you able to post it here, without your details for a look? ..

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Mrs C, did you overwrite the date on the right hand side, or is that how it looks? .. Also the PPI tick box does'nt look like one of your ticks ..

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Lol .. . the date overwritten like that is dodgy, the tick is not like your others. The number 5 is'nt yours either. Totally different than that of the one above.

 

Also it is mis sold due to your work being part time. Also it's an application form. I have guided the team here to have a look.

 

Look like you have more to claim here than you thought.

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Not at all.

 

No prescribed terms, no cancelation details, no terms and conditions, dodgy date inserted, PPI tick different from yours above, mis sold because of your job.

 

Oh you lucky lady. . . unenforcable i say. .

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I have seen another one, a few days ago with the date changed on the right hand side, and it's an application form.

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Hi Mrsc

 

Have you considered letting them know that you have an unenforcable agreement?. ..

 

 

Try this calculator Mrsc . ..

 

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

If you are going to ask for the refund of PPI, then put it into your claim. Keep the claim as one package, PPI,Charges, Default removal etc. You stand a better chance of getting all 3 items back.

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It's ok Mrsc. As you don't owe them anything, go for full PPI refund, charges, etc with interest. The spreadsheet is Steven4064's and works well.

  • Haha 1

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Hi Mrsc

 

The second one works out Compound interest, i don't think the other one is set up for Credit Card Charges. If you send me an Email address via PM, i can upload another one to you, to do a double check.

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That's ok. I think that first spreadsheet was for Simple Interest. The other two spreadsheets work Compounded Interest.

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  • 1 month later...

Any news Mrsc?

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You're welcome. I am seeing more Application forms daily, passed off as agreements. Capital One will be in for a rough ride with this. . .

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