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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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Any Help with Next please I'm stumped


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Hi to all

I sent a S.A.R - (Subject Access Request) to Next and this is what I got back

 

 

" I am in receipt of your letter dated 13th April 2007 regarding you Next Directory Account,

 

The recent media coverage and OFT announcement that you refer to relates to credit card default charges set at higher than 12 pounds. Credid Card default charges are charges in standard credit card contracts for a failiure to pay a minimum paymrent on the due date, exceeding a limit or failiure to honour a payment made. The OFT have also indicated that a maximium charge may apply to charges in other consumer contracts such as bank overdrafts, store cards and mortages

 

Your Next Directory account is neither a credit card nor a store card but a mail order acoount. As such the OFT have not set a maximum default charge level. In any event Next Directory only set default charges, set at 5 pounds on April 18th this year. No default charges have been applied to your account since April 18th as I have already indicated, no default charges have been applied perviously as next Directory did not implement a charging policy until April 2006.

 

The 5 pounds charge reprenets actual or liquidated loses and as such Next Directory are entilted to make this charge where the agreemnet is defaulted upon you are therfore not entitled to receive a refund of of default charges..

 

Signed

 

a big squiggle

 

The Correspondence Department

 

 

Erhm?

 

I haven't asked them for my charges back just a standard S.A.R - (Subject Access Request) in which I also requested a copy of the original credit agreement. I didn't mention OFT or charghes or anything-any suggestions on how to reply to this or should I phone them?

 

By the way they did have fees and charges pre April-just called them something else-very keen on wacking extra money on the monthly bill-just need the statements to prove it.I was taken with the fact they didn't even have the bottle to put someone's name to the letter just signed it with a big round circle-very patronising

 

Den

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  • 1 month later...

Hi to all

After sending the non compliance letter a letter landed on the mat right on the deadline date saying the matter would be investigated. This week I've recievd a small pack of computer print off re the account. I can understand the orders placed but the payments received are not fantastically clear and other charges are just listed as "service charges" so i don't know what they consist of. nor is there an orriginal agreement emclosed whichI asked for. This account has already been through court so i probably can't argue the toss over the original agreement as it has already been enforced and I am making payments but they did heap a pile of charges on me and if I can get these refunded this will reduce the balance owed-any advice would be very useful as to my next move.

Den

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