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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.

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      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.
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      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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Cca I.f. Received Is It Legal


carpinjoy
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Oh dear, oh dear..

 

Yes, as regards the s78 request then they probably have given you what they need to.. but they are I fear wrong in one aspect.

 

The PRESCRIBED terms have to be within the 4 corners. Yes, they can refer to other terms and conditions. but the core terms.. the PRESCRIBED terms are the important ones.

 

TBH, I dont see what else you can do. How many times have you written to them ?

 

There are two schools of thought, badger the life out of them for something they probably dont have. Or wait and see what move they make next.

 

FOS have no remit to act in this respect and Trading Standards give varying responses.

 

They are getting very belligerent just lately are the Halifax.. I just dont know what to advise you. I dont think there is any real urgency to respond however. Perhaps leave it a couple of days, perhaps someone else will have some ideas for you.

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I will wait and see, as far as i am concerned i have asked enough times for the correctly formated agreement, with rubbish sent back claiming everything is in order. Well I say, if that is so take me to court and we can hammer it out there.

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  • 5 weeks later...

Been a month now and i have heard nothing from them, i think that me stating to them to take me to court might have made them take a second look. Of course i will submit all that they send to keep you all updated. Just a quick note to anyone reading through this thread, without the very kind help and advice from all who have contributed on this thread, I would not be in such a strong position to fight this mob and others on differant threads. So the crux of it is this, IF and WHEN you can please support this site by donating what you can, without their help we would all be in a far worse position. MANY MANY thanks to all, and a very merry xmas.

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  • 3 weeks later...

I got a letter from Westcot credit services (dca) this morning, this is the third DCA that I.F. (HBOS) have put me onto. I have sent them a letter stating my position, and also to let them know that i will not put up with their idle threats about doorstep callers and taking me to court. I have stated to them that they are the third dca that I.F. have used to try and force me to pay money to and that there is no chance of that happening untill a judge states that i have to, so take me to court or go away. As usual i will keep you all informed as this progresses. A happy new year to all.

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Hi Carpinjoy!

I hope ypu had a nice christmas and happy new year to you too!:) Snap! Barclayshark set Wescott on me several months ago and after a couple of threatograms passed me back to Barclayshark:D i got loads of phone call messages left on my answer machine by a rather posh sounding lady!Since then Barclayshark has gone a bit quiet,so i am now waiting with baited breath to see what next pond feeder they set on me!

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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scan0012.jpg?t=1250362055

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Did you get a telemessage like this to try and intimidate you! I got the !above:rolleyes: What a lovely yellowenvelope! What happenend to me wih them is that when they received my account in dispute letter they sent me a letter saying they were investigating matter and then a few months later i got a letter saying they had passed my account back to Barclaycard and sorry for bothering me!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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no yellow envelope, just the usual 2 options that (MAY) occur if i did not pay, doorstep caller or court action. Told them they have not got my consent for the doorstep caller and what would happen to him/her if one was sent, ie arrested. Told them account in dispute, and as such they were not entitled to act for their (client), so i will wait and see what their next move is. I am not at all worried about this mob, because if they had anything i would have been in court before now, and not constantly being passed to all these different DCA's. Tells me they have nowt to hurt me with. Hope you and family keeping well.

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Hi Carpinjoy

At least we had a nice relaxing christmas .No Dcas bpthered us chrismas !MY oh was keeping gueard of the phone ready to give any DCA who did ring a peace of his mind for bothering me christmas day but looks like even the DCAs relax christmas day!

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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I had to laugh at one funny phone message that got left on our answer machine by one of my Halifax chums.I could hardly understand him,He sounded like he had been at the christmas sherry! LOL but i am sure that he was not drunk a fine upstanding DCA man who works for Halifax!Probably the way the answer machine played!;)

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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scan0038-2.jpg?t=1256212157

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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You will probably get the same letter as the one i did above! and then a few months later you will get another letter saying they passed you back to Halifax!

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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scan0001-4.jpg?t=1257429909

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hopefully you should get the above letter after a few months!:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Well done, you certainly sent them packing, given the current circumstances i should have no trouble getting the same result. Tell the OH to stand down, and save his energy for the fight's ahead, together we can all come through these battles unscathed. United we stand, comes to mind.

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Well done, you certainly sent them packing, given the current circumstances i should have no trouble getting the same result. Tell the OH to stand down, and save his energy for the fight's ahead, together we can all come through these battles unscathed. United we stand, comes to mind.

Hear hear! Well said carpinjoy:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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  • 1 month later...

Wescots are pestering again, they state that they have been in contact with Halifax (I.F) and they have informed them that they are correct in the aspect of legitimate and legally binding agreement. So wescot are now asking for the full sum or monthly instalments. NOT going to happen, this morning i recieved another letter from Wescot stating that their client is prepared to make a reduced settlement on very favourable terms, however only if i respond within 10 days. Aslo NOT going to happen.

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Hi carpinjoy

so sorry to hear that wescotts still clinging on,and Halifax insisting they still chase you ,It looks like Halifax even more obstinate than some of the other banks but like you say if you just stand your ground they will likely back down,If they were that confident Halifax would have dragged you into court when they got their first weasle solictors involved Oliver and Blair and not negotiating reduced settlements!:)

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Hi Carpinjoy

Hope you are keeping ok! I still of work with leg problems,I thought i would be back to work by now but my doctors keeps worrying about me and telling me he wants me to rest leg.x

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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Beleive me when i say they are not a problem to me, this latest letter says to me that they know that they cant proceed to court as they have nothing of any value to take to court, hence the settlement gesture (something is better than nothing attitude). Sorry that wont wear with me, show me a properly executed agreement or nothing gets paid and best of all THEY KNOW IT. P.S if doc is concerned about your leg then so should you be, dont think about returning to work unless doc says its ok.

Will phone soon.

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Glad you not letting them get you down carpinjoy! and still giving them a good old fight! :D I think they must be getting despearate by sound of it!

Look forward to hearing from you!:)

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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  • 2 months later...

Wescotts gone, they have now instructed moorcroft, they have sent a letter titled intended litigation, if i dont pay or make arrangements. I phoned them just for a laugh and stated that they must be the fourth or fith dca to try their luck including a soliciter. that they do not stand a chance of recieving any payment from me, and as i have allready asked two previous DCAs to go straight to court (which they did not do) they should stop wasting their and my time and proceed straight to court. I think the lady on the other end of the phone did not expect the bombardment that she recieved, and was a little surprised as she was stuck for words. I finished by stating their phonecalls would not get answered from now on, furthermore no letters will be replied to just kept for my records, as she gathered her wits and was about to respond, I told her the conversation was over and I waited for her first words and cut her of before she was halfway through her first sentance. Oh that felt GOOD.

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Good for you carpinjoy.I bet that Dca did not know what hit her! LOL:D

Im happy to help with support and my own opinions but as i have no legal qualifications 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,

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