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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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Penny v Egg


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Well, they are really starting to dig their heels in. I have had a reply off them saying they will not refund interest at a higher rate than the statutory rate of 8%, and they say if I went to the FOS or the OFT they would recommend 8% as a level of interest to be credited. Also they said they will not offer any further amounts and this is their full and final settlement.

As their offer is to be taken off the balance of the card I am considering accepting this, mainly because I have numerous other things going on at the moment. I will have to have a think about it.

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Penny, refunds + 8% is Egg's norm. Some claimants, not all, did get more than 8% depending on whether the refund manager of the time waved it through. I myself accepted an offer similar to yours, deeming any potential reward probably not worth the struggle.

 

Over the past 12 months the roof fell in on Citigroup who lost US$ 47 billion, closely followed by Merrill Lynch on $46 billion and UBS $42 billion. An atmosphere of digging heels in has evidently taken hold. No doubt job cuts are reaching Egg House.

 

You have now obtained 108% refund, starting from an opening offer of £4, so have done well already.

 

 

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  • 4 weeks later...

Sent acceptance letter a couple of weeks ago and I have just checked online and they have removed all the charges plus 8% interest off the balance of the card. So thats another victory over Egg :wink:. I have also had PPI removed off my Halifax loan so a very successful week all round I say :-D.

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