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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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Reassurance from an ex bank member !


Joan Blanch
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Hi

 

I have a friend who worked for a bank (not as a banker but in computing) - he told me that he believes the banks are intending paying back the money if you claim because they don't want to go to court - they just wait until the latest time possible to give us back "OUR" money so that they can gain as much interest as possible! I wonder are they making more than 8% annually on "OUR" money !

 

So if they take you to court the chances are at the last minute they will give us "OUR" money back. Or just before going to court before they incur other costs.

 

It is the same as them keeping "OUR" cheques in the bank for 3 days to clear because they gain the interest! That's part of my argument if they do go to court - how can banks keep cheques for 3 days and then Lloyds TSB decide to change their rulings and clear cheques straight away ! If this WAS possible in the past then the banks are responsible for a lot of cheques not clearing in time for payments to credit card companies. They sit with "OUR" money earning interest and we get charged for LATE payments because of their greed. Then when Lloyds TSB decide to change it if we think we have 3 days grace to ensure we have cash in the bank they bounce a cheque because they are now clearing immediately ! They win all ways in this case. They are a PROFIT making scheme - sheer greed to exploit the less fortunate.

 

So keep smiling and keep pressing for "OUR" money back.

 

J:cool:

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Lloyds aren;t clearing cheques straight away. I'll explain. The clearing cycle is 5 working days re Bank of England works Monday to Friday. What banks usually do is give you interest from the third working day. LloydsTSB are saying they give interest from day one, not clearing the cheque just giving you the interest from day one. The profit making bit has been said before in the thread so I think you have said it before. Unless your friend works in litigation then the conversation was speculation on their part. The bank does incur court costs and interest from the date someone sues so to aviod court to avoid costs is not true.

I could get into a debate on if we give banks the opportunity to do x and y then what do we expect and yet at the same time if the banks did x and y then we wouldn't get into that position but it has been said in other threads.

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