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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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Cahoot Defaults charges but not my fault


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A few months ago, me and my husband set up single accounts to take charge of our own debts, so I moved all my direct debits from the joint account we have with HSBC to my single account, I did this on my internet banking with HSBC back in Feb.

 

I have a cahoot flexible loan and a credit card with them.

 

Feb, Mar, Apr and May's direct debits to the cahoot loan and card came out on the correct dates from my new account, however, in June I noticed that the funds hadn't been collected. When I logged into the cahoot site and checked it said the payments had been reversed. I phoned Cahoot who told me HSBC had refused the direct debits. So I called HSBC who said Cahoot had tried to take Junes payments from the old joint account where the DD was no longer active and this is why it had been refused.

 

I called Cahoot back who told me that it was HSBC's fault as they had not informed them of the change of DD to my single account so they had tried to take it from the joint account, I found this odd considering cahoot had been taking the payments from the new account since Feb.

 

By this stage I had had enough and didn't know who was right or wrong so called the financial ombudsman, who initially agreed with cahoot, said they would write to HSBC on my behalf and they would be in touch to sort it out.

 

So, a few days later I received a call from HSBC who basically told me that they had informed cahoot of the change of account details back in Feb and had all the bacs advice detailing this, HSBC were really helpful, they sent me copies of these advices and also told me that cahoot obviously did have these details otherwise they wouldn't have taken the DD's from my new account for 4 months.

 

I called cahoot back who were still insistent they hadn't been informed of the new account but advised me to write in and send a copy of the info HSBC had sent which is what I have done.

 

So now I have been charged defaults of £30 on the loan and £12 on the credit card for late payments (as I ended up paying for these over the phone) plus associated interest charges and marks on my credit file. Cahoot still seem to be dragging their heels on this and although they acknowledged receipt of my complaint early last week, just keep telling me they are investigating it, but I am worried sick.

 

what should I do?

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  • 2 weeks later...
Guest Old_andrew2018

They have up to 8 weeks to complete their investigation and give their response.

IMHO I feel you should write to them reminding of of this, and add something like at that deadline you intend to escalate your complaint to the financial ombudsman.

 

Andy

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