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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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Why dont they settle ?


stubbarama
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I am currently in dispute with Nationwide, and it seems that they are prepared to let me take it to the on-line claim stage.

 

Now by doing this this the amount in question changes from the orginal £1550 to £2200 (£1550, £430 Int adn £220 costs).

 

Make it 50% more. Now Nationwide acts on behalf of its members, and Banks act on behalf of shreholders and while they need to limit the claims made agaisnt them, They also have an obligation to limit damages.

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ive wondered the same thing, it makes absolutely no commercial sense to defend a case pointlessly whilst logging up interest all the time. stephen's was the most insane. they had his original claim for 848 struck out and then he put in another claim and they ended up paying 5000 plus 2500 costs. for what??!

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To test peoples willingess, I'd imagine. Look at the one that was due to be in Court on the 14th - suddenly, LESS THAN A WEEK before the actual hearing, settlement in full.

 

The Banks are worried. They're on the defensive. People are starting to win against them, and they really don't like it. The problem for them is, since they are not obeying the law there's nothing they can do about it. The only thing they can try to do is keep a lid on this, because if they don't all hell is going to break loose when most of the country starts threatening them with court action.

 

Of course, this would cause the local county court system to grind to a halt, which means the government or the OFT are going to HAVE to do something before the court system drowns altogether.

 

I can see only one loser here - the banks. But they'll continue to push, because they're bullies. When push comes to shove, though, bullies are always cowards, so in the end they back down. It's all they can do.

 

If they can scare someone into making it seem like there's grounds to contest it, maybe that person will withdraw the lawsuit, in which case the bank has won - that's the ONLY reason they hold out as long as possible. It's also why it's so important to stick to our guns here. We WILL win, but the banks will never make it easy.

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  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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