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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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      • 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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O F T test case delayed 6hrs ago


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OFT test case on unauthorised bank charges delayed

 

16/01/2008

 

The Office of Fair Trading's test case on unauthorised default charges has been delayed.

 

The case, which sees the OFT take on Abbey, Barclays, Clydesdale, HSBC, HBOS, Lloyds TSB, Royal Bank of Scotland and Nationwide over the legality of fees charged to customers for things like exceeding agreed overdraft limits, was due to begin today (January 16th) at the International Dispute Resolution Centre.

 

But due to the Judge's 'prior commitments running over', the case has been postponed.

 

In a statement, the OFT said: "It is hoped that the case will start before the end of the week."

 

There is currently a freeze on reclaiming bank charges until there is a lawful judgment on the issue, however, those in "genuine financial hardship" will still be considered by banks for a refund on their bank charges, and consumer groups are still urging customers to continue to send their claims in for a potentially swifter refund if the court rules that the charges are indeed unfair and unlawful.

 

Once the test case does commence, it is expected to go on for several months, and if the OFT wins, it is possible that the banks will appeal, which could add a further 12 months to the process.

 

© Fair Investment Company Ltd

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9/08 16 January 2008

The OFT's test case on unauthorised bank default charges will commence on Thursday 17 January at 10.30 at the International Dispute Resolution Centre.

 

The OFT has published more information about the case and has a website section that explains more about the work on bank personal current accounts.

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OFT test case on unauthorised bank charges delayed

 

16/01/2008

 

and consumer groups are still urging customers to continue to send their claims in for a potentially swifter refund if the court rules that the charges are indeed unfair and unlawful.

 

 

Obviously they will appeal if they loose, but will OFT appeal if the banks win, probably not.

 

I can just imagine the glee and 'whoopie' in the board rooms if the banks win. They will have grins on their faces that will put a cheshire cat to shame and the bubbly will be flowing. What joy they will have returning all the claims and telling the claiments where to shove it.

We will no doubt hear before the news hits the media as the cheers will be heard on the moon, but I bet they will be too tight to give all the bank staff a bonus, no doubt like the bosses will get.

 

From the OFT website:

The best way to get a good outcome for consumers is to ensure that consumers understand what they are paying and can vote with their feet and move to banks that offer better value for money.

 

Vote with their feet?? It's a big cartel, there is no such thing as competition or better value.

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