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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
      • 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 overdraft


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Hi,

 

My father and I had a small business back in 2006 which got into difficulties. The bank continually increased the overdraft amount, at our request i must state, to a level that just became unmanageable. The business was wound up and we were left with a hefty £25k debt to pay back. We attempted to pay this back initially, however the monthly payment was too high to sustain so we discussed this with the bank to see if this could be adjusted and they would not budge on it. To cut a long story short we stopped paying back in 2007. We heard nothing since until lately when a company called Westcot started chasing us again for the money. I'll hold my hands up that we ran this debt up when desperate to keep the business going. Saying that I'm a little disappointed at a couple of things. The first is how the bank manager allowed us to run up such an overdraft on a very small failing business, had they said no earlier the debt would be manageable. The second is why they have done nothing for close to five years before chasing us for the money again. Is there any course of action that I can take on this to lessen the burdon. I acknowledge we accepted the increased overdraft desperately hoping to turn things around and lacked proper perspective at the time, however I wouldn't have expected a banking institute, with professionals who deal with lending on a daily basis to have contributed to our increasing debt. Does the bank have a duty to lend responsibly or it the onus on the customer. Any advice would be appreciated.

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When was the LAST time you heard anything about this debt as if it is over 6 years AND you can prove this then simply remind them that it is barred by Statute of Limitation then relax. SORTED.

 

IF on the other hand the business was a Limited company, tell them to go whistle. IF it was a partnership or sole trading / family company, ask them to prove the debt (you need to see the actual accounting). If they can't prove it or say they don't then keep on at them to prove it. Chances are they will give up after a few months.

 

REMEMBER, admit to NOTHING!!!

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