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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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Hi All,

 

To cut a long story short, my car will be clamped when I drive back to my flat (I've been away for a month) and would like advice please on what to write today to both Davies Enforcement and Dkb, to stop this happening.

 

During the early part of last year, I was given a number of parking tickets whilst dashing around to buy kit for last minute contract away.

 

To keep it brief, I was away for some time and when I arrived back, my car was clamped by Davies Enforcement.

 

I paid that and agreed to make monthly payments for the remainder.

 

However, they set the amount very high which I advised them I couldn't afford but they wouldn't accept less.

 

I made the first 4 but am not able to pay last months and so called them before it was due to advise and ask if I could make a smaller payment. They wouldn't agree and said that I had to make the amountor they would clamp and tow my car away.

 

Due to my job and where I live, I can't work without my car.

 

I'm about to drive back and am really worried that they will clamp it as soon as I arrive back.

 

I can't really hide it and can't risk the car being clamped.

 

So I was wondering if anyone is aware of a letter that I could post recorded delivery today, which will make them stop and think and therefore not clamp my car.

 

I am genuine and will make an intial payment as a token gesture and then pay off at the worst case with 2-3 months.

 

DKB clamped my car last year and point blank refused to accept any instalment offer and so I need to send the same letter to them.

 

This is really worrying me and so any help will be greatfully appreciated.

 

Thank you.

 

BF

 

ps. Davies clamped my car whilst it was on private property in a car park below the flats (gate was open) and I'm not sure if they can do that?

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Hi Surfer,

 

We don't need a pass and unfortunately, the gates are permanently open.

 

I'm concious also that if they don't clamp when inside the gates, which Davies did, they will clamp it if they see me parked somewhere....

 

I can only assume that the only option is to write to them today as moving back on Friday and so any advice or suitable worded letters will be most apprewciated.

 

Thanks,

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Hi Surfer,

 

We don't need a pass and unfortunately, the gates are permanently open.

 

I'm concious also that if they don't clamp when inside the gates, which Davies did, they will clamp it if they see me parked somewhere....

 

I can only assume that the only option is to write to them today as moving back on Friday and so any advice or suitable worded letters will be most apprewciated.

 

Thanks,

Apologies for being a bit thick, but I still do not understand why they are clamping you. Do you park on yellow lines or are you not allowed to aprk there at all? Either way you will find that they cannot enforce ti unless they are acting on behalf of a council. Methinks that you should dispute it which efectively will put a hold on any action and then consider whether it is worth pursuing through the small claims court to get back some of the money you have paid. Have a good read through the parking "sticky" also. Don't let them get a penny of your money.

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