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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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TD v YB ***WON***


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My court date is 21st of this month and I have sent in my court bundle. Can I add to this? For instance I have seen the thread "NAB admit to their charges being penalties" and would like to add this to my court bundle plus Moss has kindly said he will email me some T&Cs and so I'd like to add these also.

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Get together whatever you can that you think might help and write a letter to the court asking if you can add it to your bundle. I might be able to email something to you over the weekend too. I'll be in touch.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Caro I won't be sending anything until early next week. No problem Stevie to send T&C's but could you pm me an email address please. Hope by sending any additional items it may gee YB up to settle. What happened with Nervous by the way?

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Get together whatever you can that you think might help and write a letter to the court asking if you can add it to your bundle. I might be able to email something to you over the weekend too. I'll be in touch.

 

Caro Have you anything more for me please? Am going to send the "NAB admit penalties are charges" to add to my court bundle (have just posted a query on that thread if anyone can help) plus uptodate charges plus interest to date of letter. Should I mention that I haven't yet received their bundle? Am going to ring Court at 10 am when they open to ask if they have had anything too and also to check first if it is ok to add to the court bundle.

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Just phoned the court and no bundle received. They have said I can add to my bundle as long as they receive this by 14.06.06 this Thursday. So I need your input guys on the above post. Have printed off the NAB transcript but just need to know the relevant section to highlight. Thanks all.

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I've just send you an email with some info for your bundle which I don't think you had.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Theodane, have just been thinking about your PM to me and submitting more info to court, i've not been near a computer all day today so if they need it by this Thursday will have to crack on, blimey, feel like i'm in a blind panic now ..... wont get much work dont at work tomorrow, if you have anything you think i could benefit from would you PM it me please?

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  • 4 weeks later...
Just wanted to say WELL DONE ;) I know your case was settled a few weeks ago :p

 

Sarah.

 

Thanks it was. I didn't post at the time as I didn't know whether to accept or not. The cheque arrived a week before the court case. It was for the full amount + court costs + interest but it also came with a letter to sign to say basically that I wouldn't claim anymore from them. Caro was wonderful as usual with advice and wanted me to go to court and tell the Judge that I would accept except for the conditions letter. After checking, there was hardly anything more to claim and after weighing up various other factors I chickened out of going to court and accepted the cheque but haven't signed the letter.

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As long as you're happy with the settlement that's fine. I don't know how you feel about it now, but maybe you should go for round 2 if it's worth it to you.

 

Anyway congratulations. It's been a long time coming!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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