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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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Welcome Finance - Cancelled Hp Agreement


andy2708
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Hi, in urgent need of some sound advice regarding HP Agreements. I had an HP agreement with Welcome for Car Finance. In February this year I refinanced with Welcome, silly thing to do but was only option. When I refinanced I dealt with the collections department at my local branch. I was told I would have to make a token payment on the account prior to new paper work being drawn up for the new agreement. I paid £165 (which was going to be the new monthly payment), this was collected by one of their employess from my house, paid with cash and I received a written receipt. I gave the chap new contact details for myself and said that I would like to set up a Direct Debit agreement for future payments, I was told no problem and they would be in contact for me to sign the new paperwork. I never heard anymore from them. I wrote several times asking for the new agreement and had no reply. Obviously with no new agreement signed I was not going to pay a penny until such time. Last week I received a default notice for the old agreement saying I owed over £4000 in arrears. I wrote back explaining the above, no reply until yesterday when I received a termination letter for the account and they are now threatening to repossess the car. How can they repossess the car when a new agreement hadn’t been signed and they are acting on the old agreement? They will need to get a court order to repossess, but there is no way I am handing the car back. Anybody able to help on this one. Not sure whether I should contact Trading Standards or the FSA?

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Okay, thanks for that. Does anybody else have any ideas on where I stand legally. What if they turn up on my doorstep to collect the car?

 

As long as the correspondence is referenced to the old agreement and you have paid over the required 1/2 (I think is the figure) they will need a court order to reposess.

 

Under no circumstances should you hand them the keys. Just in case they have a set fit a krooklok on the car.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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