Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

GW Financial Solutions


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1966 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I've reached a ridiculous situation with this outfit .

 

 

Under the agreed T&C's they may, subject to having given 28 days notice, change the T&C's. While there is no record of their having given any such notice, they have never-the-less changed the T&C's to the effect that failure on my part to complete an annual review entitles them to cancel the agreement

 

They now claim that I have cancelled our agreement, but there is no record that I have ever done so. On the other hand they have warned that unless I complete the annual review before some time in December they will exercise their right to cancel the agreement. But this raises the issue as to whether their failure to give the required notice had rendered the changes they had made to be without effect.

 

They say that completion of an annual review allows them to assess whether we can afford to complete the Debt Management Plan, and in doing so accord with FCA recommendations. Whereas I have argued that they are applying an overzealous interpretation of the FCA recommendations. In regard to which I note that according to an FCA enquiry "in some areas, an inaccurate interpretation or overzealous implementation of rules (such as those around data protection or affordability) is preventing firms from meeting the needs of vulnerable customers."

Link to post
Share on other sites

This is where it gets ridiculous. Under the agreed T&C's they may, subject to having given 28 days notice, change the T&C's. While there is no record of their having given any such notice, they have never-the-less changed the T&C's to the effect that failure on my part to complete an annual review entitles them to cancel the agreement

 

They now claim that I have cancelled our agreement, but there is no record that I have ever done so. On the other hand they have warned that unless I complete the annual review before some time in December they will exercise their right to cancel the agreement. But this raises the issue as to whether their failure to give the required notice had rendered the changes they had made to be without effect.

 

They say that completion of an annual review allows them to assess whether we can afford to complete the Debt Management Plan, and in doing so accord with FCA recommendations. Whereas I have argued that they are applying an overzealous interpretation of the FCA recommendations. In regard to which I note that according to an FCA enquiry "in some areas, an inaccurate interpretation or overzealous implementation of rules (such as those around data protection or affordability) is preventing firms from meeting the needs of vulnerable customers."

Link to post
Share on other sites

Hi and Welcome to CAG

 

Im not sure why you have started two separate threads on the same issue within a space of 5 mins.

 

Threads merged...please keep to one thread per issue.

 

Regards

 

Andy

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

Link to post
Share on other sites

They are a fee paying dmp

Dump them do it yourself for free

 

I bet 90% of your debts are paid to dca's anyway and are totally unenforceable anyway..

 

A dca is not a bailiff and have

ZERO legal powers

 

Sadly you are going to find very little of all the years you've been paying them has actually gone off the debts..

 

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... 

Link to post
Share on other sites

Hi and Welcome to CAG

 

Im not sure why you have started two separate threads on the same issue within a space of 5 mins.

 

Threads merged...please keep to one thread per issue.

 

Regards

 

Andy

 

 

Thanks for the welcome. I was getting repeated 'server errors' had to have several several stabs at sending the post. In the end lost track of where I was:smile:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...