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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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    • 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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MBNA - asking for a refund in charges!


Ingrid

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Hi

 

I'm completely new to all this and am somewhat embarrassed to ask!

 

I've had an MBNA credit card since last July - via a balance transfer! I received a statement yesterday with £25.00 Late Payment fee and £25.00 Overlimit fee! I was two days late - then with the Interest added this took me over the limit! I was quite shocked and angry! This was not the first time this has happened, and I have endeavoured each month to send more than the Minimum Payment (okay, not much more, but I still get slapped with an Overlimit Fee!) I checked this evening and I have been penalised £300 in fees for both "offences". Just when I think I've cracked it I get another penalty!

 

Now £300 isn't much but at this rate I am struggling to keep up with them (MBNA!) I feel I have to write to them but the usual standard letter seems a little inappropriate for such a small amount! Please point me in the right direction because I've browsed this forum for ages! (Useful forum, btw!)

 

Your help is very much appreciated!

 

Ingrid

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Welcome.

 

You need to read the FAQs in depth and familiarise yourself with the material so you gain some confidence, we all know how intimidating it all seems (is!) to start with. After that, go for it! :D

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It really is the standard letter - it applies when you are asking for £1 as much as if you are asking for £5000

 

Just follow the proceedure as shown - you'll be fine. There's no trickery involved, honest!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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