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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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seeking tiny bit of advice - not smiling in Scotland...


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Hi everyone

 

I'm new here so apologies for the long post, but bear with me and I'll let you hear about my case;

 

I found this forum a month or so ago, had a good read of all the advice and backed away as it seemed too complex.

 

A couple of weeks ago smile charged me £25 several times for "unpaid items" so I came back to the forum in a different frame of mind, and I decided to go for it, so I sent a letter to the Smile Balloon St. address on the 9 June asking for repayment of £674.78 in charges and interest they have taken in just over 3 years since I opened my current account with them. (there was no need for Data Protection Act request as I had printed off copies of all my statements).

 

well... one week later received this disappointing reply in the post:

 

"sorry you've felt the need to make a complaint. ...we're looking into it and a member of our complaints team will get back to you with a full response.

... be aware of our complaints procedure... blah... blah.."

 

I guess this means they're considering what to do. It's just three days now until the 14 days is up and I have the Letter before Action typed up ready to go at that point.

 

Since the initial letter they have taken another £50 in charges, and now the total amount is close to the £750 small claims limit in Scotland (I'm in Edinburgh).

 

Is it OK to send them a revised charges schedule to include these recent charges, along with the LBA?

 

I've been reading ahead the process for a claim through Sherriff court in scotland and this is where my 2nd request for advice comes in - on the example forms cited by forum member scotia I might need to fill in the "name and address of person against whom claim is being made (defender)". As it's Smile, I don't have a bank manager's name to put here, so what would be correct?

 

Would be hugely grateful for any advice, and I'll keep you informed of my progress.

 

Cheers

 

trianglehead

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Yes just put an up to date scedule with the LBA - that'll be fine.

 

The defender is the bank, not an individual - so you use the name of the bank and use its registered office address.

 

Best of luck :)

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