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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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vicmar v hsbc **WON**


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i'd write a letter and send their offer letter back with it.

thank you for your offer, i will gladly sign an acceptance letter when you have added the extra £100 which i was required to pay to file the allocation questionaire. I will also require payment by cheque. at that time i will also be happy to inform the court that the action can be halted. just something like that. if you like, you can pm michael browne, he's very good with letters - he will tell you what to say but i think that's all you need.

- it will take another few days - but you will get it.

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if you like, you can pm michael browne, he's very good with letters

Cheeky bu**er!! Nothing like the art of delegation, is there? As it happens, I'm not very good with letters, but I'm damn good at stealing other peoples.

 

Here's one I stole earlier:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately your offer has failed to include my allocation fee of £100 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

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thanks Michael but how do i notify the court if they comply?

 

can you also move my thread to successes

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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can you advise regarding default removal etc as there is no mention of this in their offer letter

 

thanks

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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Hi just a quick update sent response rejecting offer (£100) short AQ fee, sent recorded delivery , checked with royal mail it is on its way , hopefully should get a response soon , can anyone advise re default notice request how long should i wait for them to correct the enteries etc

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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HI guys quicK update DG letter rrived this am they have increased thier offer to include the AQ fee so i have accepted

 

thanks Michael your "stolen"letter worked have you considered putting it in with the templates???

 

is it now possible for this thread to be moved to successes it never got moved to ligitation thread so it does not need moving from there

 

thanks for your help once the money has cleared i will be donating if a colleague at work hadn't metioned it i would never had got my money back (she told me of a different site which led me to yours)

 

thanks once again

 

PS i am now on my second calim VICMAR V A & L!!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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hi received a letter from DG stating they will deposit the money in next 7 days heres watching!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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money in account today yippee!!!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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  • 1 month later...

just a quick update,

 

i requested that they removed the bad info on my credit file it took two phone calls and two letters but it worked so word of advice check your credit file and complain!!

__________________________________

HSBC Full offer accepted!!£3613.39 :D

(Payment paid into bank 29/01/07)!!

_____________________

A & L offer recived in full

account threat of closure

reported to FOS 5/04/07

_____________________

Mint offer accepted in full

_____________________

Studio Pre lim sent 05/04/07

_________________

MBNA SAR sent

_______________________

Awaiting SAR doc from Creation finance

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