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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
      • 161 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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Bank of Scotland & Westcot


kellyplanet
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I received a letter today from Westcot stating I owed BOS £5k. This debt was in scotland but they have tracked me to my new address in Newcastle!!! Clever!!!! Anyway my partner paniced and pretended to be me on the phone (i used to work for BOS!!!!!!! I got disiplined for refunding charges!!!!!!!!)

 

Most of this £5k is bank charges. It will have defaulted as I have been in Newcastle since March 2006 and last used the BOS account in December 2005.

 

Can I claim back charges from BOS to reduce the debt to Wescot?

 

Is there away to get out of paying Westcot if they dont have certain documentation?(read about something on forum)

 

Because I live in England can I do the claim on Moneyclaim?

 

Or do I have to do it through Scottish law etc?

 

Any templates and advice would be great?

17/4 Sent CCA Request to Cabot - Argos/Cabot

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Can I claim back charges from BOS to reduce the debt to Wescot?

 

Yes! :)

 

Is there away to get out of paying Westcot if they dont have certain documentation?(read about something on forum)

 

Is this for a loan or credit card? I'm not too clued up on this but you need to send them a properly formatted request for the original signed agreement and if they don't send it within 12 working days they are in default of the agreeent. If they don't send it in a further 30 calendar days they are commiting a criminal offense and that would put you in an advantageous position to get the debt "written off". Do a search for "cca request" and you should find as lot of info on the forum!

 

Because I live in England can I do the claim on Moneyclaim?

Or do I have to do it through Scottish law etc?

 

You can use moneyclaim online!!

 

Good luck!!

 

PS templates are all in the bank temoplates library!!

 

:)

  • Confused 1

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 1 year later...

Hi apologies - another first time user not familiar with the forums. I'm in a similar situ with HBOS. You mentioned a properly formatted request for original signed agreement. Can you give me any guidance how I do this and what the letter should state?

 

Thanks.

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Hi Jaffa welcome to the CAG, you would be better starting your own thread on this then you will get help quicker.

 

What they are on about is a CCA Request, template N in the library, it needs to be sent to the DCA or OC with a £1 potal order via recorded or special delivery.

 

This will mean that the DCA or OC has to provide proof that they are entitled to collect on the alledge debt.

 

Hope this is OK but if you do a search of the CAG there are many threads that explain this better than me.

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  • 3 weeks later...

also use the sar request letter, costs a tenner but the two together give you all the info you need to assess your situation and decide what to do. both invaluable

************************

 

DCA Theats: Jystmystry V's Wescot - I Win (link)

Default Removal: Jystmystry V's NatWest - In Progress (link)

General Debt - Jysmystry v's Optical Express (link)

 

You can run but you'll just die tired

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