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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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A/c closure letter-ho hum-FOS steps help rqd, please.


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Received the (apparently)standard A&L letter over the weekend for closure of my account(14 March or soon after), now that I have successfully reclaimed my charges.

I have read the recent articles about the FO declaration on these and subsequent awarding of compensation to those affected.

I'm happy to be rebuked for failing to read the threads/site properly, but cannot find the follow-up procedure after several days' hunting.

Battleaxe has provided me with an overview on what happens, but a nitty-gritty step-by-step would be useful.

..for me, at least.

Many thanks in advance.

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As the decision by the FOS against A&L is the first of its kind, so far, there is no step by step guide. And as the FOS have been saying, each case is different. That said they have also said that they will rule against the bank if it looks like the bank has closed the account as retaliation for claiming charges and not 'breakdown in relationship' (wot a load of tosh, not a marriage is it!)

 

I can only offer advice from my experience really. I would say this, the account closure will cause you hardship/stress/inconvenience/suicidal thoughts etc - lay it on and put this is a complaint letter to A&L and ask for compensation to pay for the time off work/travel costs/phone calls that you had to make to sort out your affairs. Keep persisting with A&L and keep asking for compensation until the complaints procedure is exhausted and they issue a final decision letter, which will deny your request, and then go to the FOS as they will adjudicate on the stalemate. (Of course if A&L pay compensation then you will have to consider the matter resolved - so set your figure high).

 

Unfortunately, at the moment there is no precedent for keeping the account open. Thats why you need to open a new account pronto (if you havent already done so) and if there is borrowing on the account you need to clear this asap.

 

Hope this helps

 

WEZ1211

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Many thanks WEZ1211 -

This is my only chq. a/c- I do particularly wish to have one-and receives my only regular income which is Incapacity Benefit. It's tight-just over £80 weekly-but I have no borrowings.

Travel costs will increase as they have closed down my Branch and I communicate with them only by Recorded Delivery letter.

Yes, I think my best course is to show firm but courteous reason with them against which their response may appear churlish and/or vindictive.

I will remind them of their own failed committment re: DD's(which should be present in their recordings, if kept)and false assurance of their '5-day flexible drawing period' re: these.

It does seem foolish of A&L to persist on this tack, when I took care from the first to write that I am a loyal soul who felt distressed at being forced to take action to reclaim my charges.

Hmmm....we'll see.

Thankyou again.

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The fact that you are on benefits is more ammunition for your complaint.

 

Check other threads re benefits as I think you can prevent closure in these circumstances as there is relevant legislation (...I think, can anyone else comment?).

 

Set up a post office account just in case. You dont need any credit history or to be employed for these accounts.

 

Best of luck.

 

WEZ1211

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