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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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codetyke v MBNA (Virgin) **WON**


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Prelim letter claiming £132.00 in late payment charges over the last 3 years sent 31/7/06.

 

They replied saying they've investigate and get back to me by August 28th.

 

I replied with a LBA on 14/07/06. After reading this forum I included a paragraph stating I would not accept any kind of partial payment in full and final settlement.

 

Reply received 30/8/06 (but dated 24/8/06), standard letter, saying they'd credited my account with £60 on condition I accept it as full and final settlement. Also threatening that if I didn't honour the terms and conditions (i.e. not make a fuss about these and future charges) they'd have to terminate my account.

 

I issued the claim at MoneyClaim Online for £179.42 today. Made up of the original £132.00, plus £30 court fee, plus £17.42 interest (the 8% s69 interest).

 

I wasn't going to write back to them, and frankly they can close my account if they wish, but I really, really hate being threatened and bullied!:-x So I've also written back to them today, telling them about the court action, but also telling them that if they don't comply with the laws of England and Wales (as their T&Cs say they will) then I shall have to submit a Consumer Credit Act 1974 complaint to the OFT suggesting they are not a 'fit and proper person' to hold a consumer credit licence. They're not the only ones who can threaten!:D

 

codey

MBNA (Virgin) - they paid up

Lloyds-TSB - court claim issued, they'll pay up soon

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  • 3 weeks later...

Well, they waited until the last day they could and filed a defence! I haven't seen it yet, only know about it due to MoneyClaim Online. Odd they didn't file an acknowledgement to try to string it out longer.

 

codey

MBNA (Virgin) - they paid up

Lloyds-TSB - court claim issued, they'll pay up soon

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Thanks for the encouragement!

 

Today I found out what their defence was.

It was that they'd paid the full amount (less the previous "goodwill gesture") as a "goodwill gesture" on the day they filed the defence!

 

I got the cheque in the post today! Victory! :D

 

Lloyds TSB next.....maybe they'll put up more of a fight!:cool:

 

codey

MBNA (Virgin) - they paid up

Lloyds-TSB - court claim issued, they'll pay up soon

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