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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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HPI shows Chattel Mortgage


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Hi folks,

 

Sorry to be more of a pain but more advice on the following.

 

Done an hpi check on my car which throws up a "chattel mortgage" with logbook loans but I have found that a chattel mortgage isnt valid in Scotland.

 

Here is the info and any advice going forward would be appreciated:

 

Outstanding finance

 

Recorded against

VRM

Description

x

Date

x/x/2010

Finance house

LOG BOOK LOANS LTD

Finance house telephone

0870 033 9530

Agreement reference

xxxxxxxx

Agreement type

Chattel Mortgage

This is a complicated area of lending and is sometimes referred to as a 'Bill of Sale'. A Chattel mortgage might give the finance company right of ownership over the vehicle and you would be advised to make further enquiries before purchasing.

 

 

 

Now if this is classified as a chattel mortgage,I found the following statement on IFS Financial

 

Chattel Mortgages

A chattel mortgage is a type of fixed charge taken over identifiable and moveable assets such as plant and machinery. Chattels are defined as any property other than freehold land. Chattel mortgages are normally only available if the customer is a corporate body in England and Wales (Scotland does not recognize them except for ships or aircraft).

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Hi folks,

 

Sorry to be more of a pain but more advice on the following.

 

Done an hpi check on my car which throws up a "chattel mortgage" with logbook loans but I have found that a chattel mortgage isnt valid in Scotland.

 

Here is the info and any advice going forward would be appreciated:

 

Outstanding finance

 

Recorded against

VRM

Description

x

Date

x/x/2010

Finance house

LOG BOOK LOANS LTD

Finance house telephone

0870 033 9530

Agreement reference

xxxxxxxx

Agreement type

Chattel Mortgage

This is a complicated area of lending and is sometimes referred to as a 'Bill of Sale'. A Chattel mortgage might give the finance company right of ownership over the vehicle and you would be advised to make further enquiries before purchasing.

 

 

 

Now if this is classified as a chattel mortgage,I found the following statement on IFS Financial

 

Chattel Mortgages

A chattel mortgage is a type of fixed charge taken over identifiable and moveable assets such as plant and machinery. Chattels are defined as any property other than freehold land. Chattel mortgages are normally only available if the customer is a corporate body in England and Wales (Scotland does not recognize them except for ships or aircraft).

 

 

As i said in a previous post, they are not valid in Scotland. My advise is go see a Sol, give them the info, ask him to send a letter insisiting that they drop chasing you and your car, remove the marker and any attempt to cease the car would be acted on, have a copy for your records. Ask the Sol about unjust enrichment in scots law...

 

Keep in mind that they "think" they have the law on there side.

 

Trooper68

Trooper68:)

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