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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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log book loans


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hi can anyone help i bought a car from a private seller in april 07 with the log book no mot because it had rang out then 5 days ago a letter came from a collection company saying i owed £2000 plus costs for my car , i didnt understand it as i had paid cash for my car from the private seller. So i phoned them up and they said the car had a loan against it and i was the legal owner and they said as i had bought the car for £550.00 i could give that to them or they would repossess the car .SO I phoned the previous owner and asked him if he knew anything about it and he admitted he bought the car off the previous owner with no log book and a debt against it and applied for a new log book then a few monthes later sold it to me without telling me about the debt. can anyone tell me where i stand as i bought the car in good faith ,spent money on getting it up to scratch and now i am waiting at home for a debt collector to knock at my door . i have now hidden the car as well.

anniow

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Hi Anniow and wlecome to CAG.

 

There's a forum on the site called Vehicle Retailers and Manufaturers where others have threads concerning Log Book Loans - I'll get your thread moved there for you so you get the best advice.

 

Have a look on other threads there and you'll get a picture of situations others have found themselves in.

 

Slick

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A Moderator has put your thread here, which is fine.

 

Have a look in the Vehicle forum anyway as there are LBL cases there for you to read.

 

Do you have a name, address and phone nos. for the person you bought the car from.

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The company will quite possibly be able to claim it back - have you done a HPI Check? Did you do one before you baught it?

 

I know for a fact we cannot take cars that are on finance as they always belong to the finance company legally. However if you have the log book, it may be different.

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hi i do have the name and address and phone number of the person i bought it from i faxed it to the debt company, and the trading standards said i wouldnt have been able to get a hp check as it was a loan against the car and not for a car, would i be able to report the person to the police that sold me the car? as they sold it to me knowing it had a loan against it? anniow.

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Don't know to be honest. What i do know is, if it IS the finance companies, they can claim it back in seconds!

 

 

Sounds like your being spun a line. Get a HPI done. Find out exactly what finance is. I don't know ANYTHING about trading stabdards sorry, but i would say laws have been broken. Product weren't as stated or something like that.

 

:D

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Log book loans will not show up on a HPI check, as the loan is not for the purchase of the vehicle. The Bill of Sale should be registered with the court. I'll get someone wit hmuch more knowledge of LBL to help you.

Consumer Health Forums - where you can discuss any health or relationship matters.

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hi the company is called crystall collections , i did not know the person i bought the car off it was a private seller in the paper, but i still had his phone number and got in touch with him and he admitted he bought the car with no log book and knowing it had a loan against it and he sent off for a new log book and sold it to me without telling me. That is why i want to know if i can go to the police about him.

anniow

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According to their website:

 

Crystal Collections Ltd have been trading for over 10 years.

 

...and yet, despite their experience, they don't seem to know that their website, by not showing their registered number and registered office address, does not comply with company law.

 

The CSA website shows them at:

 

The Offices

Woodcroft Farm

Folkes Lane

Upminster

RM14 1TH

 

Contact: Mr D Hope

Phone: 01277 202010

Fax: 01277 202012 [/b]

Email: [EDIT]

They appear to be a DCA with a towtruck.

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hi i have just done an hpi check and it has come back showing that there is outstanding finance on the car with log book loans , i dont know what to do as i paid for the car and have a receipt i am just waiting for a knock at the door now.

anniow

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The police won't give a toss - it will all be classed as a 'civil matter'

You're immediate action needs to be to hide the car somewhere it can't be found and, bearing in mind it classed as civil dispute by the police and not, as any bailiff will try to convince you, a criminal matter. Get it stashed in a lock up and tell no-one where it is!

Don't dilly-dally cos they will be onto you as they trawl these forums looking for trouble, so pull out all the stops - ask friends, relatives etc if you can borrow their garage for a couple of weeks and DO IT NOW

Also email Mark [EDIT]

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Yes mate I have but the people who run this website don't want you to have it so they edited it out. They would rather you flounder and panic rather than actually get hold of someone who will be able to help you. They might like to you to spend hours trying to get hold of your local Citizens Advice like I had to, when if I'd known who to contact in the first instance I would have saved thousands in expensive litigation with a high street solicitor who didn't know her arse from her elbow

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Hi Fleeced,

 

Only a moderator can edit your posts and it was done to remove links or details which were thought best not to have on this thread.

 

 

ANNIOW

 

As far as I know, you have 2 choices:-

 

1) Contact the seller and demand your money back in exchange for the car. Back up your demand by letter giving them 14 days to repay you in full. If no response, send an LBA (letter before action) giving 14 more days to receive full refund or you'll File a claim at County Court.

 

2) Involve the police on the basis that the seller knew they should not sell the car as they did, and in so doing, defrauded you of the purchase price of the vehicle.

 

I would not tell the police where the car is.

 

You could warn the seller when contacting them that you'll hold off involving the police for 7 days, giving them a chance to sort this quickly without police involvement.

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Anniow,

 

Surely the only relevant contact for you is the person from whom you bought the car and with whom you struck a deal.

 

This person sold you the car, knowing it had no log book BECAUSE their was a loan against it.

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If the correct people are contacted, this matter will reach a satisfactory conclusion for Anniow. If the wrong buttons are pressed they will lose out, simple and plain. They need to make moves to get the Hounds of LBL muzzled/called off, otherwise they will simply employ underhand tactics with no regard for anyone but themselves and whoever they pass a cheap car onto once it is taken. Bear in mind warnings posted elsewhere, they know they are skating on thin ice and seem to be out to get what they can while they can using any method

It's a lottery whether the piggies will have anything to do with this as a criminal matter whether or not a criminal act has occured - matters 'financial' are viewed as a waste of police time, time they could spend entrapping motorists and other abuse of their powers

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Guest 10110001
The police won't give a toss - it will all be classed as a 'civil matter'

 

Not true, the seller has defrauded the buyer under Section 3 of the Fraud Act 2006.

 

A private sale is caveat emptor, (buyer beware) but this excludes sellers who deliberately conceal information to obtain a sale.

 

I cant say what the legal position is relating to ownership of the car and who is liable to pay LBL. But in any event, if the buyer loses the car he has a civil claim against both the seller and the person taking out the loan, and should be be named as joint defendants on the N1.

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Hi Fleeced,

 

Without posting names, phone nos or email addys, can you confirm how you see this being resolved successfully for Anniow.

 

What is going to happen by contacting "the correct people".

 

I'm not questioning what you say - I'm interested in how this can be resolved for Anniow, ie money returned.

We could do with some help from you

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hi, thankyou so much for showing me the sunday mail newspaper its the first story i have read which is the same as mine where we bought a car with cash and are the innocent victims .

anniow

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