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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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My wife and I went to an event in London with another couple, we booked rooms at Terminal 5 Travelodge, the other couple don't have a debit or credit card so they paid us in cash and we prepaid for both rooms.

 

About 2 weeks later a £150 charge for smoke damage appears on our debit card, no letter just a charge with the description "TRAVELODGE SMK/DMG" appears on our online statement. The hotel's own online terms and conditions say they have to inform you in writing to the billing address within 10 days.

 

We talked to the other couple, they smoke but they went downstairs and stood outside to smoke. The room had smoke detectors and the window doesn't open but the only evidence the hotel has is 3 members of staff could smell smoke from outside their room at 3:40am. They say they entered the room to check for evidence. The other couple say they heard someone try the door handle and thought it was a drunk trying the wrong door, they turned the light on and checked the door and no-one entered.

 

All we've done so far is talk to the operations manager and email customer services asking for a phone number. The operations manager said on the phone the charge was brought because of the smell of smoke at 3:40. The operations manager also said house keeping did not report a smell of smoke in the morning so I presume the special cleaning and unusable room the fine is meant to pay for did not happen.

 

What next? I'm working on a letter to send to their postal address, should this be sent recorded?

Edited by amigadude
Typo, added a bit or info
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Your best bet is probably to discuss this in person with the operations manager.

 

If there was a problem with smoke the hotel should have done something about that immediately, because it is a serious fire risk, a matter of health and safety. Instead of being reasonable about it, would the manager rather be sued for that?

 

I would put the question to the manager, not that I would go to a hotel with anybody who smokes. It means nothing to smoke if not to advertise the fact that a person fails to care for his health, which is to suggest that they are not so likely to care for yours, or did they volunteer to pay their share of the £150?

 

:confused:

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