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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
        • Like

Kashie V Capital 1 **WON**


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Ok..usual thing most of us have had. Stick to your timetable.

 

Uk

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  • 2 weeks later...

UPDATE:

 

Had letter from Cap1 today stating they are sorry that I am not satisfied with thier offer of £402, but there is no way that they are going to raise the offer and they have sent a further settlement letter in case I change my mind!!!!

 

AS IF!!

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Same as usual . .standard letter..

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That's good...check your online account everyday now, they should pay up in a few days. Then you will get a letter saying that they have paid.

 

Uk

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  • 2 weeks later...

Made a mistake Cap 1 have not defended their claim. The claim was issued on the 1st June 2007 and it says that they have 28 days from the date of service does this mean they have until the 29th of June to respond?

 

If this is the case and they dont respond by then does this mean that I have won?

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ukaviator,

please mark as WON!!!!!!!!!!!!!

 

Had letter today denying any fees were unlawful but not wanted to go to court and waste valuable court time Cap 1 have decided that as a gesture of goodwill they are prepared to settle for the full amount 1458.40.

 

Thank you very much Cap 1.

 

They will be settling up my account and sending a cheque for the balance within the next 14 days.

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Well done . . .great news ..

 

Don't forget the survey and a donation if you can. Will get your title changed.

 

:) Uk

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Hi Kashie

 

Bottom right hand side here:

 

http://www.consumeractiongroup.co.uk/index.php

 

uk

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