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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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    • 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.
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      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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Problem with Conister Bank refund, advice please


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Hello, I would be really grateful for any advice on the following situation with Conister Bank (with whom we have a car finance agreement). I am due to make another payment at the end of this month, but this payment is a few weeks late. There doesn't seem to be an issue with this as the account's in otherwise good form.

 

I received a letter from Conister informing me that they would be refunding charges as they had not sent out yearly reviews in time with guidelines (or along the lines of that!).

I subsequently found out that they had sent the refund to the wrong bank - I had closed that bank and made manual payments for the last three-four months - and when I called them to discuss getting the refund sent to the correct bank the were really stroppy and told me "we can't send your refund until you've cleared the late payment and your direct debit's set up".

I'm confused as they had already sent it and my account was exactly the same!

I gave them the correct bank details but now I can't get anyone to give me an update on what's happening with the refund.

 

Does anyone know whether they're right? I find it confusing that they have already paid out the refund but are now saying this.

Thank you for any advice.

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