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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
      • 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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HSM v M&S Credit Card


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Hi SS,

 

I just read on another thread that Marlin refer cases to Mortimer Clarke solicitors for further collection activity.

 

However, Mortimer Clarke may be simply part of the same operation.

 

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Thanks for the heads up on Mortimer Clarke.....seems they were the subject of an undercover investigation by Dispatches a few years back who proved the 'firm' was just some phones on desks in Marlin's office.

 

I dont know if links to other sites are allowed, but I did find one that is part of an online campaign to get MC stripped of their licence.

 

Think I better be ready to expect the unexpected :)

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Hi SS,

 

Probably best not to link to another site but, if folk want to look further into Mortimer Clarke, they can Google it easily enough.

 

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  • 3 years later...

I read somewhere that Marlin Financial were sold to Cabot recently.

 

In the last week Ive started to get 2-3 calls a day on my work telephone number (Im self employed and work from home) - they always ask me to go through security and I always refuse politely and put the phone down.

 

I think they are getting into a lather having seen the default date registered with the CRAs is 20.05.10......only thing is, this debt is statute barred from quite a while back. Last payment date October 2009, Default note dated early Jan 2016 with 14 days to rectify.

 

Fully anticipating getting a last minute court claim if they are working off their wrong date on file

 

Will have to formulate a defence that mentions statute barred AND change from storecard to credit card without paperwork :)

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Hi SS,

 

The date the a/c was defaulted is not relevant to the SB status, as you state.

 

SB is an absolute defence to a court claim so this is all you need to use. Then it's up to the creditor to show that you paid towards the debt more recently.

 

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  • 3 weeks later...

Should the CRAs automatically remove a 6 year+ defaulted debt or do I need to do something myself?

 

Just got an Equifax Report today, and was rather disappointed to see that this M&S Card debt is still showing despite an (incorrect) default date of 30.05.10

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Hi SS,

 

You can contact Experian and any other CRA showing this entry, reminding them of the default date and ask that the data is removed immediately.

 

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Oh well....did another credit search today and the Cabot/M&S defaulted account is still showing there 12 days after it should have disappeared.

 

I guess its a complaint/request to Cabot asap. Equifax seem to have a labyinth of online menu options to follow before you can get anything done :(

 

Why is nothing straightforward?

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