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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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Scotland or England ???


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Hi I new:D

 

I'm just reading through the information on the forum with the intention Of trying to claim back a large amount of charges that the Nat West have taken off me over the last few years, and especially the last couple of months.

 

But here's the problem:confused:

 

I only moved to Glasgow in January, and my account is held in the Bicester branch Oxfordshire where I used to live.

 

Would it matter which Court I used Scottish or English???

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hi there. i don't know that much but not sure if you have to use sheriff court where you live, but it would be better if you could do it in england cos you can claim up to £5000(?)at a time in england but in scotland only £750 in one claim.

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Natwest's standard Terms & Conditions state:

 

General
  • If your address is in Scotland, Scottish law applies to the contract between you and us. If you live elsewhere, English law applies to the contract between you and us.

 

Therefore, I believe you would have to make your claim using the Scottish legal system.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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That's interesting Barracad.

 

I've held the account for about 6 years .

all of that time except the last 6 months, I was in England.

 

I would assume that the contract was started when I first opened the account.

 

Unless the bank had given me a new contract every time I changed my address ( which they didn't. I didn't ever sign anything other than a change of address form)

 

I would have thought that English law would have applied

 

A Scottish Court would be easier because of my location, but the difference in claim amounts between here and down south makes the idea of trying in England appealing

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If you have your original T&C's you could check them. Or you could see if they have any T&C's on their website - they are likely to be similar.

 

To me, it would suggest it depends on your current address, but without reading through the entire T&C's I couldn't really say for definite.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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