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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
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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.
      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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Lloyds Bank SFLG and PG issue


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Hello All

Hoping someone can steer me in the right direction. This is my first foray into this so if I seem a little disjointed I aplogise.

I had a business that started in 1999, we had some moderate success and took out a SFBL for £100 in 2002. The bank had us sign a PG and took a charge out on the business.

Over the next 9 years the business started and stopped however we managed to keep the payments going. In October 2011 our 24K overdraft was renewed for 12 months. Great we had just started negotiations with a large client. In December 2011 received a phone call and an email from my "business relationship manager" saying there was a letter on the way but not to worry as it wasn't really serious. LLoyds had suspended my business account, I was still trading I was someone would be in touch with me shortly. I wrote top my BRM to enquire what to do as I could not open an account anywhere else and was told to trade out of my personal account. Meanwhile I was not getting anywhere with the contacts, no one responded to my emails or phone calls, the bank kept sending me COMPUTER generated statements and letters telling me of charges and penalties and interest but nothing of any note that would help resolve the situation.

Eventually I wrote a letter to head office and was contacted by the commercial recovery department in Bristol in May 2012. By this time my debt had grown by £6,000 which was added to the outstanding OD and loan payments. We reached an agreement to pay off £1000 a month. They called in the PG but refused to take the charge off the account.Still could not open a business account.

Wrote again to ask for the additional charges and interest to be refunded as I had been trying to resolve the situation since December but due to their lack of communication the charges had built up.

I kept paying the £1000. Received a letter out right rejecting my request stating they had tried on many occasions by letter email and phone call to get in touch to recover the money - this was an outright lie, there was no communication except for the computer generated letters. I eventually went to a solicitor to see if we had a case. He said yes and said proceedings would be issued in the county court. Unfortunately the business hit a snag I had no means of funding a solution and I had to liquidate before proceedings were issued. The solicitor still has my file with all my documentation in it so I am a little fuzzy on dates etc. I have as yet been unable to retrieve the file.

Wondering where to go and what to do. I am angry and confused and depressed.

If anyone can help please do so

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Hello and welcome to CAG. That sounds awful for you, I would be upset and angry if it happened to me.

 

The forum guys should be along later with advice for you, please bear with us until they're able to get here. :)

 

My best, HB

Illegitimi non carborundum

 

 

 

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