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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Roscodog18 V MBNA ***WON***


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Hi,

Didn't want to list every detail as it happened so here is the list of events now it's over.

 

I sent of S.A.R - (Subject Access Request) requests for 2 accounts ( myself and my Wife) on 14/09/06 with £10 payment for each, the £10 cheques were cashed but credited to each credit card account.

On 22/09/06 I recieved letters for each account stating they would deal with it before 15/10/06. I telephoned to push them as I was going on holiday for 2 weeks starting 08/10/05 and was told a settlement offer would be sent before 15/10/06.........at this point I had not complained or asked for a refund.

on the 16th I called the MBNA Advocates office from holiday ( spoke to Colin Pugh who could not have been more helpful ), they told me the letter offered a 50% refund of my ( and my Wifes) charges. I rejected this on the phone and asked for a full refund with contractual interest. Colin called me back and offered a full refund plus contractual interest as 24%( the interest was more than the charges).

 

30 days from the first letter to full settlement plus contractual interest, 7 further days to recieve a cheque!

 

When I got home the letter included a print out of all charges levied to the account as MBNA assumed this was what I needed instead of a full S.A.R - (Subject Access Request), hence the £10 credit to the accounts.

 

I know the other credit cards and banks on my list won't be this easy..........but I'm inspired.......bring it on!

 

Paypal payment will be sent as soon as the cheque clears. I've completed the survey.

 

I may need some help with the others, I have accepted several partial settlements today and hope I can get advice if needed?

 

Thanks for a fantastic source of info.

 

I'm spreading the word about this site, my business bank manager was stuck for words when I told Her I was claiming back all the charges on my account, I told Her every move Lloyds would make, what the letters would say and most likely who would sign them..........She laughed and said you seem extremely well informed?

 

What a great feeling

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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Hi Roscodo,

 

Great result, well done:) . Thanks for posting details, stories such as yours are a great inspiration for others, particularly newbies. As you say though, don't expect the others to pay up quite so quick - they all pay up eventually, but some prefur to kick and scream a bit first! Lloyds are a prime example.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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