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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 
      • 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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noomillo6o v morgan stanley ** WON **


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Just had phone call from Eileen at the Glasgow call centre to confirm that my cheque for the full amount will be on it's way by Recorded Delivery tomorrow.

 

Yay!:D

 

She seems to have been told to tell me, that my court papers had been served at the Canary Wharf offices of MS and appeared to have "gone astray":rolleyes:

 

Convienient excuse for not putting in a defence and risk having to grovel before a judge, eh?

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Kermit has been on the phone this morn to reassure me that my cheque is on its way by UPS Nextday.

 

Charges: £595

 

Contractual Interest: £637.21

 

Court fee:£62

 

Section 69 Interest @ 20.9%: £647.21+ additional interest @ 0.70p per day since date of claim.

 

Total they are sending me is: £2004.41.

 

Note: I do not consider this is complete settlement, as the 70p a day only works out as being paid up to Tuesday.

 

If the cheque arrives tomorrow, there will be another 3 days to add on.

 

Then there will be another 7 days before the cheque clears, so I will insist on another 10 days of interest @ .70p a day being paid, before I will consider the debt paid.

 

They are not out of the woods yet.:D

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Hi Noomillo - just caught this thread and had a thought.

 

They were very keen to try and get your agreement to remove the CCJ against them.

 

Do you think the reason for that is that they may not be considered a 'fit and proper person' to hold a Consumer Credit Licence? This would effectively put them out of business.

 

May be worth sending notification of ther CCJ to the OFT, who I'm sure would be interested in this

 

BTW - Congrats on the result. ;-)

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Cheque for £2004.41 arrived by UPS Express this afternoon.

 

Should they decide to close my account I will start enforcement for the outstanding amount and send bailiffs into Canary Wharf if necessary and also report to the FOS and the OFT.

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Congratulations, action-smiley-033.gif You have and are still having some fight. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Did they try to close your account?

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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