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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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kopkid v hsbc **** i won *****


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i have today received an offer for the full amount claimed £2570.20 from dg :) :) :)

 

thanks to everyone who assisted and advised me since my claim started back in february

 

but i still have 1 or 2 questions-

 

the letter from dg for me to sign states" i also agree not to make any other claims relating to charges for the period stipulated above "

 

my problem is i want to claim again because there are several more charges that i missed 1st time around , what do i do ??

 

also is there a template letter any where to attatch to my accceptance

 

 

so keep up all the good work everyone , its along slog at times but its worth it at the end

i was very nervous at the beginning but here your among friends. look at me now im eager to get my claim no 2 in

 

comon hsbc ................bring it on

 

 

thanks again folks your priceless:D :D

 

 

very happy kopkid .!!!!!!!!

 

any advice i can pass on to anyone from my experience just shout , im going nowhere

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Well done you enjoy spending it!!!!!! - what stage are you at now you have an offer???? I sent draft directions to the court last week, and about to send my 5th or 6th nudge......

 

It looks like offers aren't coming now until after you do your court bundle etc. My first letter was back in Feb too......

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You will need to put something like this:-

 

Dear whoever,

 

Thank you for your letter dated xx.xx.xx offering £xxxxx.xx in full and final settlement of my claim. I am willing to accept this offer on the basis that it is to be paid within the next 7 days of you receiveing this letter. Please note that that I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

yours sincerely

 

 

(your name).

 

You can also attach the offer acceptance form with the bits you do not like crossed out.

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A prudent question is one-half of wisdom.

 

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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

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) and specifically for those charges included in this claim.

I reserve the right to claim for any other charges not specifically itemised in this claim.

 

I accept this 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.

 

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 trust that you will find this arrangement acceptable.

 

Yours Sincerely

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