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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
      • 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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RBS and AIS (Allied in Glasgow)


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Oh boy, does my financial situation seem to be getting worse.

 

As if I don't have enough of these people to deal with, having had my business collapse completely and have to close...

 

I had a credit card with RBS which hit its £3k limit and I couldn't pay back very well. I DID make an arrangement to repay £60 per month (couldn't afford, but managed) until a few months back when I ran out of money altogether... By this time, the £3k debt was down to £2100...

 

Lately I've had a guy called 'Mr Kennedy' from AIS on behalf of RBS start plaguing me with phone calls. In one of them he said to me 'we want immediate repayment of the full balance.' I told him he must be joking if he thought I had that kind of money and they were more than welcome to take me to court and get a CCJ, and I'd happily tell the court that I could afford £15 per month. He assured me 'we don't WANT to take you to court, sir, we don't want to put you into that difficulty... We just want our money back NOW.' He even told me to 'go away and think about it over the weekend.' When he rang me back I told him nothing had changed. I got told yet again that he wanted all the money now, and didn't want to take me to court over it, as if this was something I could easily do. He even had the audacity to ask me what assets I had so that RBS could have their money back. I told him to get in line behind much bigger fish. So then I wrote to him, having been told that he could not authorise a payment plan, only full repayment, and could not authorise a write off on the debt of more than 15%. I asked for a write-off of 60% and that I would find the remainder of the money somehow. I also explicitly stated that I would only communicate in writing, and would not 'deal' on the phone.

 

I have had no response except a letter to say 'ring Mr Kennedy' and several phone calls a day either from Glasgow numbers, or from caller withheld numbers leaving messages to ring someone at Allied Coercion Services (or whatever they're called) and now I'm getting text messages to my mobile to ring a Mr Gallagher IMMEDIATELY with my AIS reference number.

 

How on earth do I deal with these people? I've been turned into a nervous wreck by the bullying, head against brick wall, frustrating tactics of the call centres and debt collectors... Yet they won't either give up and just put it in writing, or put it in writing anyway. It would almost be a relief to get a petition from a county court for liability on the debt, because at least then I could write back and say that I admit the debt but have limited means to pay it, and make a token repayment offer which, I understand, the courts tend to look well, even if it is £20 per month...

 

I need advice sharpish, please. Anyone with any experience of these wigglers and their tactics, who might know how to deal with them...

 

Just when I think I've managed to get a means of dealing with one of these things, another one emerges to defy even basic decency and try to hound me into an early grave...

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FWIW, if you have become a nervous wreck, then get it put in writing - go to the doctors and get it certified.

 

If they continue to harrass you on the phone, I don't know what the next step is but I would imagine that you will have grounds to file against them in court. That paperwork will become invaluable when the judge comes to decide on damages.

 

Given that you have already sent them a letter telling them to deal by letter, you may already have grounds to file against them so you should look into this.

 

As Hydra has said, get yourself fully immersed in the DCA forums and all the information they have to offer. There are plenty of people in similar situations which may help to relieve some of the tension. They will have plenty of advice for you.

 

As soon as you have calmed things down with the debt recovery and things are (relatively) calm, look to start the process of recovering any charges you can from the banks as you will no doubt have accrued a few during the last 6 years. Any questions, fire away.

 

Good luck.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 1 year later...

Don't worry

 

I wasin exactly the same boat as you.

I received a letter two days ago from RBS admitting that there is nothing they can do to collect on my debt (£1600)

 

Follow the advice in this site.

 

1 Get everythingin writing from AIC - they can't write

2 Challenge the ebt - they have to prove and they can't

3 AIC pass it back to RBS but too late to be enforceable

4 RBS ask you to pay up - tell them to [EDIT] go away - out of date

5 RBS admit they cannot enforce it but suggest that you are "morally" liable for it

6 Have a good night's kip

 

 

At the moment I am stage 5 and am aboutr to senda letter to RBS to tell them I have no morals.

 

Simon Dale

Edited by Rooster-UK
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