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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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st24driver enters the dragons den **WON**


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yeah remember what I said at the start of this back in febuary latty, how I will have a laugh and a joke along the way but when the gloves are off I will fight to the death well there well and truely off now and I'am ready to rumble

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Ok the court have said thet DG have until monday to enter a court bundle to court which will be the same for reciept to my self, if this is not done ("oink there goes another one flying bye") was it a bird was it a plane???... no it was super Lattie !!! then I can ask the judge to throw the case out and request a wasted costs order if I'am correct.

After going this far I might as well go the whole hog saying nawt and turn the screw right up

 

ST, DG have nowhere to go but court... I suspect their delaying tactics are catching up with them because they are now not leaving enough time for you to accept the full offer and get paid before the court date which will leave you with a conundrum... you accept a full offer but cant cancell your claim untill you have the money.. the court date falls before the payday... two options...

1. write to the court telling them you have accepted an offer but not been paid yet and ask for a weeks stay...

2. Go see your judge anyway, apologise for the position DG have put you both in and ask him how, very respectfully, you can both give them a kicking..

 

pete

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Phew just got in from work from all the mayhem in sheffield took nearly 4 hours and had to leave the st there because of the floods, still nothing from DG and possibly nothing tommorow due to the sheffield main sorting office is on brightside lane where all the flooding has happened, but should there be something I will be here waiting due to work being cut off, yipee another holiday

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Hi - sorry to hear you are still battling but hold on there! you will succeed!!!

 

floods here as well - is awful and we are sat bumming around at home - that will please the banks (no work no pay!!)

 

ah well atleast you have a jolly tomorrow!

 

georgie

:confused:
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like that one freaky, its fine where I live being 15 miles outside sheffield it was just a bummer getting home last night, manage to hitch a lift on a tractor through flooded area and walked half way home

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what an absolute joke the current message is on DG's answer phone , suggesting that you write to them with regards to your claim and they will reply to you eventually of which I have done all to no avial on four ocassions they are certainly doing there bit to save the forests by not replying to any correspondance.

They also suggest that you ring the court for information whats the use there they dont write to them either these are nothing but stonewall tactics and lies

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Ok just got in from work and good old postman pat has delivered my offer from DG, which is a full offer but they have ommitted the AQ fee so they need to add another £100 to this to make me go away

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st - i usually work backwards through the posts - but seeing yours up at the top i put it on hoping for a result - nearly there!!!!

i know you don't need my help with your letters but just happened to have this one at my fingertips - so use it or use your own.

 

 

 

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately your offer has failed to include my allocation fee of £100 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

__________________

i can almost smell the money from here!

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Thanks for the sample letter latty fully supportive as ever I'am going to tweak it to suit my circumstances and thanks for every thing again, looks like the mini bundle idea worked a treat as the offer came straight after they recieved it.

Also a big thank you to pete (castlebest), Jenny (tomcody), Netty G where ever she is and George Clooney has now left the building but Dave's still here

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CONGRATULATIONS

 

Do not forget to write to the court to say your claim is settled

 

Can I ask you to please take a minute to fill in our survey. I hope you will consider making a donation as this site relys on them to keep going and continue to help others to also reclaim their money

 

I will not move your thread to the success forum for a few days so that anyone who has been following it can congratulate you .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Latty after going through my claim I'am just short of £70 short of the full offer and they have paid interest up to date that I did not request so its swings and roundabouts, and as Mrs ST's has not had any input until now she has said you have lost more than that in wages this week due to the floods in Sheffield and that is all we have lost compared to some poor people who have lost every thing, so her in doors has spoken and thats that so we shall be accepting, so this is now a deffinate win

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WELL DONE STE

 

I am really pleased for you and hope you enjoy each and every penny of it.

 

Hope you stick around as I for one will miss the banter if you don't. Anyway, will need someone to sound off to if the don't get a bloody move on with mine:D

 

Chris aka JB

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Congratulations, St24d,

Another one bites the dust!

Enjoy your win, you've earned it! :-D :-D :-D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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