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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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sainsbury's visa unfair charges- HELP!


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Hi,

I have been in dispute with sainsbury's for 18 months due to them firstly dealing with my account and then adding charges whilst it was in dispute.

 

I have refused to pay anything till they take all the charges off that they have applied.

I have had an offer from them to take off some to get me to my credit limit which at first I was happy with

 

After doing some sums I realised they were very short of what they've added.

I sent them a letter saying I was refusing it and asking for the correct amount to be taken off

after which I would pay 60 pounds per month to clear the outstanding amount.

 

I have sent that letter three times and had no reply (the last was recorded)

I have however been receiving threatening phone calls and letters from debt collection agencies, some of which I have answered and explained the situation.

 

As a result they freeze the account for a couple of weeks.

I'm stuck as they won't reply

 

now I want to reclaim back all the charges applied to the account since it was opened,

is this still possible and can anyone advise me how to go about it given the situation,

 

thanks

carrie

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Hi, Carrie.

 

Yes, re-claim the charges, a letter like this should do...............

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

letter before action

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

Further to my preliminary letter of xxxxx with regards to charges levied against the above account,I note you have failed to respond and show no intentions of refunding the charges.

 

As indicated previously,I consider that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

Whilst I am mindful of the OFT investigation in 2006 of credit card fees,the OFT deemed that only a Court could determine the fairness of fees and so the £12 figure was only fixed as a guideline.

 

I make a further request that you refund to me £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX.

 

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I give you a further 14 days to comply,or else provide me with a full breakdown of your costs in addressing any breach on my behalf,which demonstrate clearly that your charges are in proportion to your actual costs.

Failure to do so,will result in me issuing a county court claim for recovery of the charges plus section 69 interest and costs.

 

Yours faithfully,

 

 

[signature]

 

 

[print name]

 

 

(text in red to be used/deleted as appropriate.)

 

Sig is optional and needs considering especially where issues remain with outstanding CCA requests.

 

Include schedule of charges.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

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  • 7 years later...

Hi

I had a disputed debt with Sainsburys.

Foolishly i paid £10 in 2009 after being hounded and not knowing my legal rights.

 

In june 2014 after years of harassing me,

i finally got them to send me to small claims court.

 

I defended in full. In april 2015

They sent me a notice of discontinuance but refused to remove the default on my credit file.

That ended two years ago this coming Nov.

 

I have suddenly started receiving texts, calls and letters again from them clanking the debt is still outstanding.

 

Could someone please tell me my rights regarding this and how I should respond.

 

Right now i am unwell and the stress of this on top yet again, is getting to me.

Do i have anything to worry about?

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Ignore them...you cant stop them them trying to collect the debt..you will just have to put with the harassment...but they wont be going near a court room with it again.

 

Block their texts...file their letters...ignore their calls...will soon fade out.

 

As the debt is now statute barred ..consider sending them the appropriate SB letter.

 

Andy

We could do with some help from you.

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They all ready have that so its pointless....It was Cabot that issued the claim in 2014 ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Then they dont need a further copy of the NoD....as above but I personally wouldn't waste the stamp...its statute barred.....pointless telling them that...they already know it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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the debt still exists, what has gone is the right for anyone to try and force collection of it. This will be your complaint- that their collection activity is in breach of the regs for such activity

 

I see. I will definitely lodge a complaint.

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