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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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Bos Cca Received (advise Please)


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Hi All,

 

I am new here and this forum has been very helpful and was highly recommended by a friend. I will need some advise please. I sent BOS a request for a CCA with £1.00 postal order. BOS sent me the credit agreement this morning (Scanned copy is attached herewith). Would greatly appreciate advise whether this agreement is enforceable. Many thanks..Gum :razz:

BOC CCA.pdf

Edited by Gum
Wrong file attached
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Thank you for your reply cerberusalert. I have defaulted and they have sent a default notice but not a notice of termination, but they have agreed to a monthly payment £5.00 for the moment. There is not guarantee that they would not sell the debt later.

 

From the very beginning of the application they have mis-spelt my 1st name even on the credit agreement and the statements....does this make it unenforceble?

Looking forward to your reply??

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The default notice is defective, they have to allow you 14 days from service for you to remedy the default in this case they haven't unless it was served on you by hand on the date of the letter, they have not taken into account postal delivery which is 2 working days if posted 1st class and four working days if second class. So once they close the a/c and send you a termination notice or demand the full outstanding amount on the a/c they will have unlawfully rescinded the agreement & will only be able to claim the arrears quoted in the notice, the remaining outstanding amount will have to be wiped out.

 

If you still have the envelope it came in keep it & keep quiet about the defective DN. ;)

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Hi There, Many thanks you have been very helpful. BOS sent me a letter in July confirming that they will accept £5.00 a month and they have also mentioned that they have the right to withdraw this arrangment if I do not pay the £5.00 on time. I have been duly paying them every month the agreed £5.00 if you like to read the letter they sent me I can put it on here.

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Sorry I could not answer your second question. Should I call the credit agency and ask them whether BOS has redistered this on my credit file. Should I check with all the credit agencies such as Experian, Aquifax etc?

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Yes it will confirm things.

The £2 cost of getting a copy of your credit file is well worth doing,and you should have them in a few days.

Dont be tempted to sign up for any free trials.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hello -Cerberusalert, Do you think I should write to BOS regarding the defective Default Notice and if I do what should I say to them? Thanks

 

No...under no circumstances let them know...it could be the Ace up your sleeve, it all depends now on whether they have marked your credit file as being in default.

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Hi Cerberusalert, Can you kindly check my other post on the MBNA CCA matter and give me some advise until I get the Experian credit report on this one..Many thanks

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  • 4 weeks later...

Hi - I got my credit report, It has taken a while due to the postal strike. I checked the whole report but BOS has not marked a default on the credit report. Any option for me? Thanks

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