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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 
        • 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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AlexTEH vs Smile


alexteh
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Sent SAR end of May and the 40 days is up on Thursday 12 June. I didn't send the SAR by recorded delivery (yeah dumb I know) and when I followed up by secure message to check it had been received they of course denied receiving it so I re-requested it by secure message. I received a reply today by secure message stating that the request had been passed to the SAR team and that they would reply within 40 days!

 

Is there anything I can do as I obviously don't believe that they didn't receive the original SAR. I've sent a letter to the Post Office asking whether the £10 postal order was cashed but they say it can take 4 weeks to confirm this.

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AlexTEH,

 

When you have sent the SAR give it 3 days and then call them instead of writing a secure message, it worked for me. Be polite and just ask them to confirm that they have received it and also I asked them to confirm it by secure message, mine was confirmed the same day. Now I have the list of charges I am going to ask for my money back by secure message and recorded delivery post and see what happens.

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  • 3 weeks later...

Well after procrastinating for weeks and losing my original SAR, Smile have finally sent me my list of charges (just over £4000). I'm sure the fact that they posted it on Friday after last weeks announcement is a complete coincidence.

 

I will be sending the prelim letter tomorrow (fully expecting them to reply that they are putting all reclaims on hold) and then will be LBA'ing them shortly afterward. I'd rather the case was tied up in the courts than just on hold with the bank.

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Well the thieving **** at Smile have decided that, after putting me £1.27 overdrawn for a few days last month with one of their charges that it would be appropriate to charge me a further £75 for the privilege.

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