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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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In defence of bank staff...


indebtstudent
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Do they really say "you have broken your contract".:eek: If so try & get a recording or better still to put it in writing:-D cos that's not their defence & if it was it wouldn't be valid;-) It's certainly not what they are alleging in their submissions to the OFT.- Their charges are a 'service' - not a penalty

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thats what they said on the phone to me, I said It was against the law to have penalty charges he said 'where in the law does it state that' and he just kept asking me to state the law! At which point I got annoyed and spent 10 mins arguing the law and getting nowhere:x

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In my experience branch staff know sod all about the issues invovled and anything they said could be put down to ignorance. I'm not saying it is good I'm just saying what I see

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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I suggest that you speak to them again but not without the ability to record their comments & should they accuse you of breaching your contract you can use that against them as this is not their argument in their fight with the OFT.

 

Also I strongly recommend that should you again argue "it's against the law" you should have some knowledge of which laws. Anyway the law in this case is Common Law.

 

Before you go any further I suggest you do a little research on this site where all is explained

 

Statute Law, Unfair Contracts etc:, is being argued with the OFT so leave that argument alone for the present

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With respect the call centre staff can vary wildly in quality. I would be interested to know how useful such statements would be? Obviously organisations should ensure that staff ahve an understanding of the law but the actual issue would be thrashed out by thier solicitors.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Interesting I didn't know that. Could be very useful considering the poor understanding many staff have about the issues around bank charges.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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If a member of staff, or an agent, in the course of their employers or clients business makes a statement or commits an act in that employment, connected with that employment, their employer is liable in law.

 

I've added a bit in red just there is no misunderstanding.:)

 

The act or statement by them must be in connection with their job;) such as saying "you have broken your contract so you must pay" etc:D

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Oh no worries, that is the impression I got anyway. Where I was coming from is that the training read charges is poor (re non-existant). I have pointing out several errors made by colleagues. I realize it is not much of a excuse for a company to say "sorry that staff member doesn't have a clue" but I've no doubt they would try it! lol

 

Nationwide is a VERY peculiar case because their T & C's HAVE NOT CHANGED, and yet the defence to the OFT case is that the charges are a fee for service? I would LOVE IT if the banks crashed an burned on this one. Then there would be absolutely nobody to blame but thier (greedy) selves. Sorry for butchering the english language with that last sentence, but you get the picture.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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  • 4 weeks later...

I get it too,I drive a bus and you get all sorts of people who

a) don`t look at what route you`re on and where you`re going, and then ask you (true, in the case of the elderly they might have poor sight, but some are just plain lazy)

 

b) have a go at you when they`ve just called the company and been told that nothing can move due to gridlock. Apparently I personally invited all those people into town just to spite the passengers...

 

C) Don`t know how much the fare is when it`s in big letters on the driver`s cab door

 

 

Basically same problems (within reason) different aspect of the service industry so I know exactly how you feel

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Guest louis wu
Yes Mr Kipling but like many in the 'service' industry you think that the customers don't have life or other things that might distract them & should be waiting for your bus with bated breath

 

 

Sweeping statements about this user.....shame on you Joncris.

 

I don't drive a bus, but do think it's the users responsibility to know what bus to get on, and if unsure (or require help due to mental health/physical health problems), then ask the driver.

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  • 3 months later...
I despise the door step loan sharks that charge exceedingly high interest but, again, what has happened to people that makes them go ok then?

 

 

Do not underestimate the lengths people will go to when their account is empty (because up to and over 200 quids worth of charges have come out) and their family needs feeding. The "legal loan sharks" offer credit to anyone that satisfies the simple act of being alive.

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