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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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Mat v Mint CCA 1997


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Hi Everyone,

 

Just got a reply from Mint with my alleged CCA, which looks like it is an application form has various parts missing as part of the 1974 CCA, could someone with a bit more legal knowledge take a quick look and advise me of the errors and the next steps to be taken

 

Thanks

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Your CCA from Mint would at first glance seem to be an enforceable agreement, providing those copies are legible. The first document is the current Terms and conditions, the second document is the reverse of the "application form" and unfortunately contains the "prescibed terms", the last contains yours and their signiature. Should they persue you in court, they would have to produce the original document, to prove doc 2 is the reverse of the application form. Since these might well be microfiche copies, they could have some difficulty.

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As discussed in many threads, an application form, providing it has the right heading ( ie Credit agreement regulated by the .....) and containing the prescribed terms within the four corners of the document and signed by both the creditor and the debtor, and in a legible form, is a legaly enforceable agreement.

As for claiming back default charges it is hard to give advice without more background information to the account and its current status, and why you CCA'd them in the first place.

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Thanks griffin036

 

I CCA'd them just out of intrest really, my account is ok, but have paid default charges for late payment or going over my limit, which happened not to long ago, I did ring them to ask why they let me go over my limit they repiled with in case it was an emergency they will let you go over your limit. (I think so you have to pay them a default charge which i had to).

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