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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 
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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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let down by CAG???????


caj123
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:mad: i don't want to sound bitter but why did this site not recomend the FOS???

my partner phoned them with his complaint and within 12 days had all of his bank charges back without all the rigmarall of posting this letter after that.

i have been using this site and its recommendations since the 11th of january and now i'm going to have to wait till the end of the year cause of this test case. my court date is on the 13th aug and i'm going to have to waste yet more money on my bundle just to have a judge make a stay on my claim!!!!!

not only that i may not get any money back.

the banks must be confidant of winning if they have requested a test case, otherwise they are just going to cost themselves alot of money and embarrisment!!!!

:confused: :confused: :confused: :confused:

sorry for my spelling mistakes!!

and sorry if i sound peed off but if this site would of told me about the FOS way back in january then i woud of had my money back by now

 

There's a few things to note here:

 

1 - Until quite recently, neither the OFT, FSA or FOS were very interested in handling individual complaints. The fact that they started getting of the fence and dealing with customers is down to... CAG, which tirelessly campaigned and questioned them about their lack of action.

 

2 - Until even more recently, any resolution brought on through FOS would usually entail the customer losing out, sometimes huge chunks, as the bank would offer derisory amounts, the FOS would say "well that looks reasonable to us", and the customer could either accept or.... you guessed it, go to court. The fact that the FOS finally decided to toughen their stance is undoubtedly down to... CAG, which tirelessly encouraged people no to give up or give away their lawful rights.

 

3 - As of yesterday, thanks to the OFT's court case, the FOS is yet again as useful as a chocolate teapot, since all complaints have been put on hold until the court decision. However, court actions can (and should) still be lodged, and it will be up to the individual judge whether to stay the case or not.

 

4 - This is a self-help site. There is plenty of information regarding the different routes you can choose. CAG did not recommend the FOS because until recently, it was not the way to get all of your charges back, but the information was there for anyone who wanted to go down that route. Your partner phoned them and got his money back? Good for him. I had the opposite experience where I got my money back before other users who had gone the FOS route, and I got mine in totality, they didn't.

 

Noone put a gun to your head and forced you to file at court. I understand your unhappiness, which is shared by many right now, but shooting the messenger won't help.

 

As for the banks being confident of winning, don't bank on it. I have no doubt that they were forced into that position because things could not be allowed to go on unchecked. Left to themselves, they would have maintained the status quo for years, hoping that the campaign would eventually lose steam.

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Wow, this has turned into a real "We shall overcome" thread, hasn't it? :-D

 

I'm not taking the mick, honest! I think that it's great that at a time where things seem to take a darker turn, for one person with a negative outlook, so many of you are ready to jump in, not give up and state your own positive experience. It also shows that not everybody gets their money back and runs, some of you obviously are still sticking around. :-D

 

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