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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
      • 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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Help Please... Car loan RBS:


Jameson78
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Help required please,

I have 4 year car loan which I have been paying for 3 years and 9 months.

This loan is made up two parts: a "balloon"and a loan. So for example, the car loan is for £20,000 made up of a £10k balloon and £10k loan.

I pay a monthly payment which covers the £10,000 loan and after 4 years, I would have paid the £10k loan off, and a small amount is paid to cove the interest on the balloon.

In three months time I will have paid the £10k loan, however the balloon will need to be paid or re-financed.

My problem is that since taking on certain creditors with the help of some special Caggers, a default has been entered on my credit file and there will be no chance in restructuring the £10K balloon. With the depreciation of cars across the board, I will no doubt find myself in negative equity to the tune of £4-5K

My question is: can I ask my original lender (RBS) to refinance my balloon so I can keep my car without doing a credit check? What happens if I can not refinance the balloon? Can they come and take my car away as the credit agreement term has been completed? What would you advise so I can keep my car? Thank you in advance

Jameson

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from my limited knowledge when the term ends you either pay the baloon, Pay the lump sum and keep the car, hand car back and owe nothingor part exchange car for a new model and new deal with the dealer paying the baloon and the remainder of the vaue is put towards the new car. I think that is the only options. The finance company own the car.

Why would you want to pay an extra 10 k for a car that is only worth 5k anyway?

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from my limited knowledge when the term ends you either pay the baloon, Pay the lump sum and keep the car, hand car back and owe nothingor part exchange car for a new model and new deal with the dealer paying the baloon and the remainder of the vaue is put towards the new car. I think that is the only options. The finance company own the car.

Why would you want to pay an extra 10 k for a car that is only worth 5k anyway?

 

 

That is a Personal Contract Purchase (PCP). With PCP you don't have to commit to buying the car at the outset. You use it for an agreed period of time (24-48 months) and then decide at the end of this period what you would like to do. Often if you go over the agreed miles, you pay a small fee, say 3p a mile.

 

My agreement is called a Hire purchase with a balloon. With this you gain the benefits of fixed rate finance, but with the added advantage of a lower fixed monthly outlay because you defer repayment of some of the borrowing. At the end of the agreement your options include car purchase, refinance, part exchange or resale.

 

My balloon is will due for payment in about 3 months. I am trying to find a way of keeping the car and getting RBS to re-finance the balloon. If they ask for the car back, that is when I will loose big time. I'm trying to figure out if there is a way that I can keep my car and continue payments.

 

I am sure other Caggers are in the same boat (4148boome) when it comes to paying the balloon at the end of the term in a HP with balloon agreement. Any advice would be really appreciated.

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  • 3 months later...

The problem is that i can not afford the monthly payment to the creditor as I have spent the money fixing up the car so i can get the best price on sale. I am now behind with my payment.

 

What would be the view of writing to them and explaining that i am selling the car and as soon as i have the sold, I will pay off the arrears and balloon. I am expecting to have a small amount of equity left.

 

Second question. What is the protocol in selling the car when I clearly have outstanding finance. Do I ask the buyer to pay the balloon off and pay me the difference? Do I make it clear that there is outstanding credit on the car. Might be silly questions, but first time selling. Thanks.

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Legally you cannot sell the vehicle until the HP is paid off completely.

 

You can maybe buy a bit of time by playing dumb and claiming you thought last month was the last payment and you were just waiting to discuss with them the options of waht happens to the ballon figure now. That could get you a couple of weeks grace while they "clarify the position" to you.

 

In reality what normally happens in these type of situations if you can't pay the balloon figure off is they offer to refinance the remaining figure over teh next 1 or 2 giving you a new (usually lower) monthly figure to pay.

 

If you are confident you can get it sold quickly, you need to use a method that both you and the buyer feel is safe for your money. Perhaps you can use bankers drafts made out to the finance company which are pretty much unstopable I think once they are sent. Not an expert on this though, so wait for some more answers.

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