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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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Monument Reply Card - enforceable agreement?


Poolio
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In response to a CCA request made my my mum to Monument, she received a set of terms and conditions detailing interest rates, all the standard stuff. She also received a signed 'reply card' that makes references to the terms and conditions. I have noted however that it says 'I have read condition 22 of the T and Cs'.....but upon checking out the attached terms and conditions there is no condition 22, they only go up to 16.

 

Does this mean the agreement is not enforeable?

 

http://i513.photobucket.com/albums/t336/Poolio22/Mum%20MandS/Mum%20Barclaycard/Mum%20MBNA/Mum%20Monument/MonumentReplyCard.jpg

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Poolio,i have one of those reply cards too,

no prescribed terms, as it stands if thats all they have its unenforcable

 

ps, even in my sars request thats the only agreement they could come up with,

Fingers crossed, it looks like what they have sent you is the same as mine, a worthless piece of paper:D

 

They will keep writing to you though telling you they have complied with your cca etc etc,

 

Send them the account in dispute letter,

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I'm not surprised there are no agreements. Providian was sold to Barclaycard in 2003 and the paperwork would not have been transferred. For those being sent statements and still being pursued for payment, make a formal complaint to the DCAs complaints department with a copy to the OFT for their information. They are in breach of the Consumer Credit Act 1974, the Data Protection Act 1978, the Administration of Justice Act 1970 and the CPUTR Regulations 1998 for pursing payment on a disputed account for which there is no credit agreement.

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That's why I would make a formal complaint to their complaints department and the OFT to get rid of them. Either produce proof of this alleged debt or stop sending me statements you have no legal right to send me as you have no legal authority to transact any activity of any kind on this alleged debt.

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  • 1 month later...

hello poolio

 

how you got on with these people, any luck

 

cheers and good luck angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hello poolio

 

how you got on with these people, any luck

 

cheers and good luck angel x

 

Hi Angel sorry for the awfully slow reply. I sent Monument the account in dispute letter and they replied saying the CCA is valid, etc. However the debt has now been passed on to Lowells who have been stalking me by sending letters, ringing me and texting!!! I have sent the dispute letter to Lowell and will see what happens.

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