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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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Camdenite Vs. Abbey


Camdenite
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The statements show the date that the charge was incurred, that is, the date your DD was refused etc. This is the date at which interest begins to accrue on the charge. There should also be a date at which all charges and Debit interest were taken from your account. This date is usually around the same date each month, give or take a day.

 

HTH.

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Have you approached them to ask for copies of all correspondence between themselves and Abbey?I'm no expert but I would have thought that as they were suppoesdly acting on your behalf and you were paying them to do so, they should automatically have copied all correspondence to you so that you are aware of what's happening. As it seems from your question that they have not done so, I would ask them to forward copies of all communications between themselves and Abbey and give them 7 days. While you're waiting you could perhaps research the legal position so that you're ready if they don't comply. As a last resort I suppose you could SAR them as they are holding and processing your data, so they would have to send what you want then surely.

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Can't understand why they would refuse. Whenever a 3rd party has been acting for me I have always received copies of letters written by and received by them along with copies of any other documents they have received.

 

As for GOGW, it's a long shot but why not ask Abbey what their letter said, better still, try to get a copy sent to you? They always send a letter after a GOGW has been made.

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Did they give you 28 days notice of withdrawal because they have to under your T & Cs? If they haven't and you've found out by checking your account in some way, ring up and ask because their systems are all to pot at the moment and what's off one day will be on the next.

 

Gotta be worth a try.

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  • 2 weeks later...

1) Yes

2) Yes

 

3) Abbey automatically apply for a stay, they sometimes don't get it if the judge is particularly lax, more often than not they don't get a stay.

 

A set aside only applies after one side has been granted judgement and will only be granted if there's a really good reason for it to be granted.

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I wouldn't worry at this stage. Wait and see what happens at the directions hearing.

 

If it goes onto a set court date you can arrange a court buddy, someone local will be pleased to offer support.

 

Keep everything crossed that they follow the tried and tested route and settle before you need to get into a courtroom.

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  • 2 weeks later...

Sorry Cam, didn't get to you, busy with friends claim.

 

I agree totally with Saint, take everything to support your case with you, it's like a mini bundle, that way if you're asked anything you've got the stuff you need to show.

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