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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Having trouble with QQ

turkwyfe4lyfe
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maroondevo52

maroondevo52

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Oh God...THAT much? what will it contain, absolutely EVERYTHING including emails etc?

 

To be honest I don't know, they all seem to respond differently, they should send what they have on you but may not.

When I SAR'd Northern Rock we got back piles of stuff going back over twenty years :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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renegadeimp

renegadeimp

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Whats the chance of them having pretty much no info, and theyre creating it as we speak... :D

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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maroondevo52

maroondevo52

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Whats the chance of them having pretty much no info, and theyre creating it as we speak... :D

 

More than likely :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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renegadeimp

renegadeimp

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Dear oh dear. Theyre at it again.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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renegadeimp

renegadeimp

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If they credited the money to y our account, they are NOT allowed to do that. THe money is to be used for the purposes of a SAR only. If they decide to give you a fully compliant SAR for free, then the money MUST be refunded.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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turkwyfe4lyfe

turkwyfe4lyfe

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OK here is the email I have drafted....

 

Dear __________,

 

It has come to my attention that the Statutory Fee of £10.00 that I enclosed with my Subject Access Request has been credited towards my outstanding balance and I must make you aware, that as I have paid the Statutory Fee and made the request, the £10 should only be used for this purpose and nothing else. If it is not used for the purpose of a Subject Access Request, then it must be refunded.

 

Also, I will be expecting nothing less than a FULLY compliant Subject Access Request and I will be in touch with you and any other authorities that may need to become involved should it not be adhered to.

 

 

 

Any extra input before i send...

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renegadeimp

renegadeimp

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Dear __________,

 

It has come to my attention that the Statutory Fee of £10.00 that I enclosed with my Subject access request has been credited towards my outstanding balance. I must make you aware that as I have paid the Statutory Fee and made the request, the £10 should only be used for The purposes of the Statutory request and is not 'a payment in respect of the debt' . If it is not used for the purpose of a Subject access request, then it must be refunded.

 

Also, i will remind you that you MUST supply me with a FULLY compliant Subject Access Request within the statutory timeframe. I will be in touch with you and will make formal complaints to the regulators and consider legal action for disclosure should it not be adhered to.

 

i changed it up a little so they are left in no doubt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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turkwyfe4lyfe

turkwyfe4lyfe

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OK Sent.... I would never have known, I just happened to had the collections team on livechat to ask if anything had been credited to my account as a £2.00 test payment went missing somewhere but they've now found it 6 days later and credited it to me.

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renegadeimp

renegadeimp

Posted
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They will probably try, but theyre easily countered.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
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Pretty much everything they say can be turned back on them. They still think they are above regulation and seem to follow U.S law, not U.K law.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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turkwyfe4lyfe

turkwyfe4lyfe

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Pretty much everything they say can be turned back on them. They still think they are above regulation and seem to follow U.S law, not U.K law.

 

 

 

 

Yeah im aware of this!! Well I can only wait and see what they say as made need advice in responding when they reply xx

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turkwyfe4lyfe

turkwyfe4lyfe

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Latest Update:Received response at 6pm. How should I proceed as Im concerned if I ask for refund they will not comply fully with my request..Dear xxxxxxxxxx,Thank you for your email.I can confirm that we are still fulfilling your SubjectAccess Request within the specified time frame. In view of yourcurrent financial position, we decided to allocate the 10.00 towardsyour outstanding balance. However, if you still wish to have the 10.00refunded we can accommodate your request. Please confirm if you wishto have the 10.00 refunded.I trust this clarifies the situation. If you have any furtherquestions/concerns, please contact me.Regards.

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renegadeimp

renegadeimp

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If they dont comply fully with your legal request, then you can take further action on them. Don't be concerned about that. I like how they try and say they are doing you a vaour, even though they are in breach of guidance and regulation.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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turkwyfe4lyfe

turkwyfe4lyfe

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If they dont comply fully with your legal request, then you can take further action on them. Don't be concerned about that. I like how they try and say they are doing you a vaour, even though they are in breach of guidance and regulation.

 

 

 

So do i take the refund or leave it?

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renegadeimp

renegadeimp

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Thats up to you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
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You have to look over all the info and check it thoroughly. Most things that would be missing are obvious when you lay things out and create a timeline of events.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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