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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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Cabot


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My apologies if this is not the right place to start this thread.

 

I've been searching the site and have found some fantastic advice so far. I would like some guidance on a letter I have received from Cabot Financial in which they state they have purchased an account from AA Finance.

 

The balance is £6,093.10

 

It's a friendly letter from Cabot. I have recently moved home by the way and this letter is addressed to my old address. I would guess that I last made a payment on the account some 6 years ago. I know I don't need to explain to you good people the reasons for my inability to keep up repayments which, according to Experian are thus:

 

Company Name: Centrica Personal Finance (original loan with AA)

Started: 06/07/2000

Defaulted on: 31/10/2001

File updated to period: 11/06/06

 

This letter from Cabot states that they have purchased the account from AA.

 

With regards to statute barred, from what date does this run? Is it from when the agreement commenced or the Default date?

 

What does File updated to period mean? (on my Centrica/Experian report)

 

I have no qualms about admitting that I'd like to "run away" from this debt if at all possible.

 

"I've paid my dues, time after time, I've done my sentence

But committed no crime," - copyright - We Are The Champions, Queen.

 

Right, enough of that.

 

If Cabot find me at my new address and with an old debt they've bought - what are the chances of them issuing on me (taking me to court)?

 

Should I just ignore them or offer a 10% full and final settlement?

 

Thank you in advance to anyone who can assist. My 10 year financial problems are almost coming to an end. I want to move on with my life. This letter "out of the blue" appears to be the only thing stopping me.

 

thanks again

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You should not ignore the debt and you should not run away from it.

 

From your post you seem to accept that the debt did exist at some point. As you have read around the forum you will have seen reference to the CCA letter. This requires the creditor to produce a copy of the original signed agreement. However, if you agree that the agreement does exist then you shouldn't send this letter to them.

 

From what you say the debt may be statute barred. Essentially a debt becomes statute barred if the debtor makes no payment or a signed written acknowledgement of the debt over a complete 6 year period. There is a template letter in the Library that challenges the owner of the debt to prove that it isn't statute barred. You may wish to send this.

 

The purpose of this forum is to help people come to terms with and deal with their debt. It is not to help people "run away". There are various organisations that help people to put in place debt management plans (such as Pay Plan and CCCS) and the CAB can also help.

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You should not ignore the debt and you should not run away from it.

 

The purpose of this forum is to help people come to terms with and deal with their debt. It is not to help people "run away". There are various organisations that help people to put in place debt management plans (such as Pay Plan and CCCS) and the CAB can also help.

 

Hi, thanks for your reply. Please don't misunderstand me, I should have mentioned that I have made offers of settlement on several other debts which I am awaiting a reply on. It was the CAB who suggested that this old debt may become statute barred given there has been no contact for several years. They also suggested a 10% offer of payment if it became live again.

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