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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
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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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A & L - Enforcable Agreement???


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A&L didn't take me to court... flogged the account out instead, after much arguing back & forth.... but then got it back somehow around a year later. They now say they are obliged to let me know of an amount alleged to be outstanding on their records every 6 months. :D

 

That was 6 months ago... so I should be getting another reminder soon.

 

Absolutely no court action though.... and I know there's no Agreement even if they tried anyway... ;)

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  • 3 years later...
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Hello again....Well, it seems I'm back again...All of this went quiet for a considerable time. I moved around and heard nothing until a few weeks ago. I don't really want to write back to them as it will confirm my address and then I think I'll get an avalanche of threats

 

The alleged debt has been sold on again (it's been through at least four different companies), I won't say to whom as I don't really want them to find this thread if I can help it. Suffice to say that it is a company that is current issuing Stat Demands like candy!!!

 

My current position means that I really can't risk that - I would basically get kicked out of where I lived if that happened.

 

I was trying to stay under the radar but to no avail....

 

So my questions are:I'm thinking of just starting from stratch and issuing a CCA Request to begin with a see what happens - Good idea? I'll also add in the door step collection and telephone bit.I could point to the continued dispute as I have to others in the past -

 

They then went away - Better idea?There is definately PPI on the alleged account - Should I start a claim for that or wait until I see what the collector says in response to my letter?

 

I've had a copy of an unenforceable agreement in the past but I think it would be worth requesting from these guys as well to see what (if anything) they have.I really don't want to respond but I don't think I have much option......Just when you think they have gone away, they are back again...Thanks so much much...M

Edited by citizenB
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:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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They obviously have your address, so whether you confirm it or not.. they will continue to send letters.

 

IMHO, you need to send a CCA request. Who did you send the original one to.. Original creditor or another DCA ?

 

I think that should be the basis of your initial contact - that you have previously made a legitimate and legal request and as such the account is in dispute for non compliance of an s78 request.

 

That rather than fulfill the request, previous DCAs have returned the account where it is then passed on yet again.

 

You would not really be able to send the telephone harassment or do not visit me letters without revealing your new address, sadly :(

 

Have they made contact by telephone yet ?

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Hi,I think you're right - A simple CCA should do the trick. The other one was from the OC but was missing pages, T&C that didn't come from the original, loads of stuff wrong with it.Unfortunately, they did manage to track me down - I did really well for ages..LOLLet's see what they have and go from there. You never know, they migh go away like the others did....Thanks again C....M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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I've decided - I'll simply CCA them first. See what they have if anything and then go from there.If, and it's a big if, they come up with something then I will inform them that this has been in dispute for ages and send them copies of the paperwork and also involve trading Standards, OFT, FOS and anyone else I can think of. At that point I think I will go for PPI reclaim and at least minimise the amount they can claim......It's not much of a plan, but it's a plan non the less....;0)Hope you agree....;0)M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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  • 4 years later...

Hi,

 

Been a long time since I posted on this but I have a quick question.

This is long since statute barred and I've heard nothing for years. However, part of the reason it escalated so badly was the amount of ppi I was paying.

My question is:

Should I attempt to reclaim and risk this being raised from the dead and them pursuing me again or leave well alone? Anyone else done anything like that????

Thanks guys.

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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  • 3 weeks later...
  • 2 months later...

Hi,

 

Well I didn't leave it alone and guess what... a big old four figure cheque!!!! No mention of any old debts, no argument, nothing. Just upheld and paid... So, you see its always worth a try. Another one WON!!

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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if its statute barred then the likely hood is they will claim the PPI is too...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No, they didn't put up any kind of a fight at all. Accepted the complaint, paid me by cheque... I was amazed but given that the accounts have x hanged hands so many times I guess that it's hard to consolidate to two parts...

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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