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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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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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Carcraft/Creation Finance


cady-leigh
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my mom inlaw bought a car from car craft signed all the relevant paper work and agreed monthly payments of £150 3months down the line £18.20 started to go out of the bank she cancelled these payments as she did not know what it was for she then had a letter from creation finance saying they was adding a late payment chrage and a fee for the letter. she called them as she still didnt know who the hell they was they said it was to do with the car she had she then called car craft they said it was because black horse couldnt give her the full amount for the car so they had to go to creation for the last 500 there is no details to back this up in her paper work no mention of creation there , she is completely confused wot should she do

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Cady-leigh

 

They can't do this. She should send creation a letter requesting "a copy of the executed agreement for the loan under s77(1) of the Consumer Credit Act 1974". She should remind them that they have 12 days in which to comply.

 

It would probaby be wise in this case to copy the letter to car craft.

 

Cady - I'm goint to ask that this post be moved to a new thread in "other institutions" so advice doesn't get mixed up with magitorch's. It would also be better not to be in 'STore cards'

 

 

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A simple letter will do.

Dear Sirs

 

CONSUMER CREDIT ACT 1974 - ACCOUNT No. XXXXXXXXXXXX

 

This letter is to request that you suppply me with a copy of the executed agreement for the above account under s 77(1) of the Consumer Credit Act 1974. I remind you that the statutory period for you to reply to this request is 12 days.

 

I enclose the statutory fee of £1.

 

I look forward to hearing from you.

 

Yours sincerely

 

C-L's mum

Don't forget to enclose the £1 as a postal order and don't sign the letter, just print your name - we don't want them to have a copy of your signature to use to 'manufacture' a credit agreement.

 

After 12 days, one of 2 things will happen:

 

1) they will have sent you a copy of a properly executed agreement. This won't happen as the circumstances you describe mean that one cannot have been signed (by you anyway. If it is signed by someone else then that would be fraud!)

 

2) they won't, in which case you tell them to get lost.

 

If the 'proper' loan was with black horse, I would send them one too for the account with them.

 

If you don't have am account number for the Creation 'loan' then you will need to send a S.A.R - (Subject Access Request) to get the account number they think you have. That will cost £10.

 

 

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