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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.

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      Many thanks 
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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.

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      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.
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      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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Help!Formal demand for payment


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I have recieved a letter today saying that they have closed my account and I owe them £168. All of this is charges and have said that I am committing a criminal offence by not paying it back.

What should I do next. I did try to reclaim these charges before the announcement and was told no.

Is there anyway that I can stall them until the announcement is made.

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Difficult one this - the last thing you want is a default for not paying it.

 

If you pay it you are not prejudicing a future claim - so could reclaim later when this is all over - hopefully Feb next year.

 

Or lodge a claim anyway so you will be top of the pile ( with FOS I would suggest for that amount)

 

Are you saying you can not afford to pay back - or that you are worried if you do you will not get it back later?

 

How far had you got with letters etc?

 

Jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I can't afford to pay it all back at once. I have sent the 2nd letter explaining court action would be next but thats not the case now yet they can take me to court. I have also sent them a letter explaining that I am unable to pay it all back and they have made no reply to that.

Can I apply for a stay through the court until the decision by OFT has been made?

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court on 17th August! How do u get stay lifted for hardship case?

 

I am still looking for info for you.

 

Skint cumbrian mentioned on here unfortunately failed but felt that she was not well prepared - so read her other posts.

 

you can learn from others on here.

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi

 

As Jan says the last thing you want is a default notice re this now closed account!! Hard to remove easy to get.

 

You have to make sure that the A&L know that the account is overdrawn solely because of the the unlawful charges levied on your account. They must be made aware that the account is in dispute so look at this link..................

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

When your account is in dispute they should stop harassing you, re this account until the dispute is resolved. If they carry on phoning, lettering you or pass it onto DCAs, then you have to take your complaint to the correct authority who deal with the banking codes. If they continue to harass you look at this .......................

 

Protection from Harassment Act 1997

 

 

Jan says about the FOS route to get your bank charges refunded, for the amount you want to reclaim that's the route I would go down !! The wasted costs you would have may be double you claim (ink,paper,travel, hours spent preparing claim and and so on) and you may not get these back. Link is here....................

 

Financial Ombudsman Service

 

Make sure you file a claim if you dont use the ombudsman service to get your funds back. All the advise you will need is in the CAG website

 

Why dont you offer to pay them a pound a week, it could take all of 168+ weeks for the test case to come to its conclusion:mad: By the time its finished you will have repaid the balance and look forward to a few hundred pounds in your pocket. Dont you think it would be satisfying to pay them back at a pound a week anyway:smile:

 

I dont see how you can be committing a criminal offence :o Is there anything you are not telling the CAG members;) :p:)

 

All the best in the future

 

William.

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suffer hardship if no refund ....

 

keep reading!

 

jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Forgot to say , get a ring binder ready for this dispute, photocopy all your letters and file them. When you are on the phone this will help you quickly find info to put down any codswallop from A&L reps or their agents;)

 

Send your correspondence by rec Del and keep all the tabs for future reference.

 

William.

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