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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 account over 19,000 in bank charges.** SETTLED IN FULL ***


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Wow.

 

Just come across this thread. What a story.

 

Does your £25 grand claim include any interest that you will be charging? It should, and you can charge a hefty rate.

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html

This is going to be a whopper!

This will go multi track, its above the 15K limit. The thing is that this is very unlikely to ever get to court for that very reason.... disclosure would be demanded, meaning that the bank would have to fully disclose all the costs, there is very little chance of you ever setting foot in court.

 

 

Crusher:D

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sarah/dolfos, got my figs a bit wrong there methinks.

 

yep, ignore the 8% completley.

 

go for the higher rate, you claim this at the beginning.

 

(I have been doing the 8% up to now, and just getting my head around the higher rate thing... shame because I have been through 7 claims so far and missed out on all that lovely interest! My next one has got the compound interest on it.....)

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Just started out on a spreadsheet for compouded contractual - a bit daunting but, I am sure I will figure it out. It will definately be worth it!!!!

thanks to vamp for the spreadsheets....

I'd be utterly lost without them.

 

 

I have no doubt whatsoever that this money will be repaid.

And I can see a fair bit of media interest coming along.

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  • 3 weeks later...

Regarding contractual interest, and bearing in mind this is a VAST claim of epic proportions, I would like you to take a look at this thread.

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/36034-case-management-conference-13th.html

especially this post

not to put you off, just so you know what arguments might come up....

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That wasn't designed to scare you off, steady as you are, you can always change your mind later if you wish before court action.

I dont think the issue was the higher rate interest, but at what rate should be, the average was not accurate enough for the judge.

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I dont think the issue was the higher rate interest, but at what rate should be, the average was not accurate enough for the judge.

That was my thoughts when I read it sarah, but this is a quite valid thread to look at. To take on this claim you need your eyes WIDE open....

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Hi Dolfos, and I thought my husband's £12k was high! Anyway, I can only advise what I have been told.......you can put in several claims, each one totalling £5,000 including interest. Split them down into years or months, this way they are kept under the £5,000 small claims threashold. I was advised this by the person who introduced me to this site. She claimed £5k and then £3k from the Halifax and won! Good luck and will continue to watch.
With all respect, this is not the best advice.

The court will not like the fact that the claim has been split, this ammounts to abuse of the court system. The claim will have to be kept as one.

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