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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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business HP Loan charges...?


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Hi All,

 

I had a loan to purchase some hardware from a major bank, the loan went swimmingly until last year when i struggled to pay on time for four monthly payments due to cash flow issues (basically clients taking 60-90 days to pay me rather than 30). This resulted in a total of 8 direct debits being returned at the cost of £35 per DD return. A total of nearly £300.

 

I was under the impression that the HP was a personal loan so I applied under the Consumer Act to reclaim (if not all some) of the charges.

 

Unfortunately I was wrong in this assumption and the HP agreement, although paid out of my personal account was an agreement "in connection to my business" and hense a commercial loan according to two lines of small print on the original contract.

 

I need to respond to this and to do this could do with some advice on how best to restate my case. Although this loan is now paid in full - i'm aggrieved about the £300 in lost fees which i believe to be too high.

 

Is there a sample template letter with the wordings for a commerical or business reclaim which i can use as an example in my responce?

 

many thanks for any help :)

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Hi and welcome to the forums.

 

I don't know much about business stuff, but I know there's a whole thread somewhere about reclaiming charges on business accounts and I'd have thought your claim would be similar. See if you can find it through the site search and have a good read, then come back with specific questions. If you can't find it, let me know and I'll see if I can find a link.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

thanks for your post reallymadwoman - i've taken a good look around the forums and taken a snippit from here and there ready to mount my 2nd approach - i think i'll give it a couple of weeks of the dust of the oft case to settle first. In the mean time if you notice any sample/template worded letter on a business claim please let me know which posts they are in.

 

many thanks, ;D

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