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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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Northern Rock ** WON **


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I have gathered from similar threads that my first letter was the same as someone elses and most probably yours too.

The second one states they "remain satisfied with their position", and they go on about Northern Rock being your current account provider and nothing else.

It goes on to say they will be willing to "consider the common law etc they have breached if I could identify the specifics."

Later on it asks for me to "provide substantive response to the legal points raised", and adds if I should choose not to then they reserve the right to inform the court of this.

They state that they "do not beleive my complaint represents reasonable grounds for bringing a claim and that any claim would be unlikely to succeed."

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Hi, when I've checked I've destroyed all the copy letters that I sent to Northern Rock, but I have found 1 with this section in.

 

The Term permitting the Defendant to levy such charges is unenforceable under the

Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977

and at Common Law.

The claimant contends that it does not cost the defendant £20 or £30, or anything

remotely close, to refuse to pay a direct debit request which is an automated procedure

that involves no human intervention. The defendants computer system simply

refuses the request and the matter is ended. Similarly, the claimant contends that it

does not cost the defendant £20 or £30 to refuse payment of a cheque as this is also an

automated procedure in almost all cases. The claimant has previously been told that the

actual cheque which is presented for payment is not physically returned to the defendant

itself unless it is made out for a value exceeding £5,000.

I don't know if it's worth going along that type of line for a reply. They did say they were going to get the claim dismissed by the courts but it never came to that. Unless your claim is really large I can see them making you an offer before it actually goes to court.

Good luck :)

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