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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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You could have 100 claims against them. It doesnt mean anything if you cant find the director and the company has no assets because he's taken them and gone into hiding.

 

I sent off my blackberry bold to them a while back they offered me £78 I was thrilled I kept checking the site, they'd received my phone, processimg payment etc... I have not had a payment and now the site has gone! What do I do is there anything i can do? I'm gutted could really do with that money!

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I sent off my blackberry bold to them a while back they offered me £78 I was thrilled I kept checking the site, they'd received my phone, processimg payment etc... I have not had a payment and now the site has gone! What do I do is there anything i can do? I'm gutted could really do with that money!

 

Block the handset and report it as stolen to the police. Siting the company has vanished. The police should have a file on them anyway.

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It would be worth checking companies house to see what assets they have declared on their accounts.

If they try to switch their company assets to a new company knowing the company is insolvent it is fraud.

ie Was the directors car, house etc registered in his own name or the company name?

 

I would make a statement to the Police, Trading Standards and anyone else you can think of

BBC Domonic Little, Ann Robinson consumer shows, local papers, etc

 

but even if the current director does get struck off

you usually find that the company starts up again with the wife or an employee shown as director

but with control still firmly in the hands of the struck off director.

That becomes even more difficult to prove who actually is behind a company.

 

The letter from Companies House has asked the recipient to provide evidence of what action he is taking against the company

after March to stop it being wound up.

 

Therefore if you are not taking civil recovery action yourself then you might want to get a letter from Trading Standards,

the police etc to confirm the matter is still being pursued.

 

A copy of the police report, witness statement etc but just because it has been reported doesn't mean action is continuing so confirmation might be useful.

 

Personally I wouldn't pay £100 or even £60 for a £152 debt because there's risk you will be £252 out.

So unless you can afford to lose £252 and feel that the emotional investment in taking further civil action is worth it then only you can decide. ie the pain vs the gain!

 

I think the lesson here might be don't sell your phone to companies offering cash for them when the phone has to be sent first.

I agree it is absolutely frustrating to have this happen.

 

If you are finding there are large numbers of companies registered from the same address

then you are likely looking at the company formation address.

 

Many companies don't have trading premises and therefore leave their company address as the company formation agent.

They pay to have any mail sent to these offices redirected.

 

However Directors are supposed to put their home address on the company house document

but with an unusual name you might like to check 192.com to see if you can get an address.

 

You could write to the company formation agents at the registered address and ask them what their policy is

in relation to providing the registered forwarding address of a company registered through them for the purposes of civil recovery.

 

Unless they have already put in the contract that they will supply the forwarding address when requested for specific purposes

then they probably won't because of the Data Protection Act.

 

Other agencies like HMRC require for income tax and vat to have a trading address registered.

 

You won't be able to get it from them but the police and other official bodies would.

 

I would write to HMRC as well as I have read somewhere about these phone companies starting up,

closing down with lots of money owed including the tax (prefential creditors)

and then starting up again with someone else shown as director.

(Phoenix companies).

 

Anyway hope this helps a bit,

good luck to anyone pursuing this.

 

Maybe starting a petition or a campaign to try to persuade the powers to be that something needs to be done to protect the public

from individuals like this who hide behind company status.

 

I'd like to think that instead of just being struck off they get prosecuted for fraud.

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the police are already involved.

 

SInce the director is not based in the UK but abroad,

 

they are finding it very difficult to locate him.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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what can we do as a group to take action against these people?

 

 

I fear that even if we individually get something back through the courts that justice won't have been served, there's hundreds of people that have been conned by these criminals, its obvious that it was their intent from the start.

 

i've also sent an email to companies house complaining about the closure of the company while myself and many others have a claim against them and have police open crime report references relating to their frauds.

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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