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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 
      • 81 replies
    • 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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taking on Resolvecall over Aqua card debt.


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We recently had a couple of nasty financial hits involving losing our best customer and Universal Credit shafting us,

 

I contacted all our credit cards and explained the problem,

all but Aqua where very understanding,

 

Aqua sent the problem immediately to Resolvecall,

who threatened a home visit,

so I sent them an email with the standard letter as below,

but despite using THEIR ref number they insisted that I told them who I was..

 

I told them politely to bog off and that any calls to the door and I would prosecute for trespass (see email details below).

 

They emailed me back asking me to confirm my details and I again politely told them to bog off and I don't have to confirm anything to them and NOT to attend as per previous emails.

 

Today they dropped a card into my downstairs neighbours door, so not even using the correct address, so I called them and I must admit did not let the guy speak very much and warned him that any other visits would be repulsed using necessary force.

 

I do now wish to prosecute them for trespass, I do know a solicitor, I fix her computer but she is a employment specialist.

 

Does anyone have any suggestions as to where to go, because I do not want this bully company to just start visiting people DAYS after asking for the creditor for help.

 

I DO intend to sue this company and also make it as public as possible, so that these people cannot think they can walk over us.

 

Gary

 

The First Email (C&P / slightly modified from CAGlink31.gif)

 

Dear Resolvecall

 

Your Ref xxx

 

I do not acknowledge any debt to your company.

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange any “doorstep calls”, please be advised that under Office of Fair Trading (OFT) rules, you can only visit me at my home if you make an appointment . I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

 

 

Yours faithfully,

 

Sorry second email back to them

 

I don't have to confirm anything, your reference is in the subject, just look it up in your database. Please note any phone calls or texts will be reported to the ICO as I do not wish to communicate with you any way but postal. Any attendance to our home WILL result in prosecution as you will be trespassing

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why bother , they all about scotcall or snotcall as we called them..

 

theres nothing really much you can do and you really shouldnt be sending stupid letters to them, its only bait that makes them think they have some magical power over you.

 

you've been here long enough to know the golden rules...as dca is NOT A BAILIFF

stuff all they can do.

 

use your time more wisely..rather than on fighting powerless doorsteppers in dirty macs.

 

AQUA [newday?] will soon sell this on then you real fight might begin.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Seems like a common theme in your threads...

 

Times have moved on now and even if these types of letters might have seemed appropriate by others here years ago we dont advise using them now.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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