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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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RBS want to clear loan arrears with the PPI theyve given back, but admitted no CCA for the loan!!!


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Guest flubdub

Recently did a CCA request for one of my rbs loans, and they admitted they couldnt find it, and said it wasnt enforceable.

Iv also claimed PPI for this loan, and got a response back today saying theyd give me £900 back, but they were going to credit the loan account with it, then put the £100 thats left over, into my current account that I dont use, and it about £600 over the overdraft!!

So I wont actually get a penny of it. Are they entitled to clear arrears for a non enforcable loan?

 

Can anyne help please? Also, if I say they arnt allowed to use my refund for arrears, can they refuse to refund me if this makes them aware that RBS havnt got a cca for his loan?

 

Help meeeeee. :) I have just drafted this letter out. Will it p**s them off? Can they change their mind about the refund once they realise theres no CCA, or does it not make a difference?

 

 

Dear Donna Wrath,

I write to you in response to your letter received today, dated 12th November.

Recently, I sent a CCA request to RBS for loan account number, ******** - the account number that the PPI refund corresponds with. RBS wrote back to me and confirmed that they had mis-placed my CCA for this account and that the loan is therefore unenforceable. You are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, you are not entitled to charge any interest on the account, nor make any further charges to the account. This includes payments to clear my arrears. You are not entitled to use my PPI refund to clear the loan arrears as the loan is unenforceable and I will not hesitate in going to the Financial Ombudsman with this complaint.

Nor will I accept that the refund is to go into my current account as I do not use this account. I would like a cheque for the full £901.42, upon receiving a new declaration for me to sign with the above conditions, I will gladly sign it and send it back to you.

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Hi flubdub,

RBS must give you the money back....they cannot take it to pay off the loan amount as this would be misappropriation of funds...if they had a CCA agreement they could do that it is called "off setting" but they cannot do it with that CCA agreement .

 

sparkie

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Guest flubdub

Excellent Sparkie, thanks. So is that letter ok? Are they likely to send a letter back refusing what Iv asked?

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