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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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Power of Attorney(misrepresentatio n)


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I recently received confirmation of a telephone conversation with Capquest DCA confirming direct debit payments.

At the beginning of the letter it was clearly marked Power of Attorney:Royal Bank of Scotland Plc.

As I have never applied for any form of power of attorney or seen a solicitor/signed any such papers then this is surely a gross misrepresentation. Who would I seek redress from? Would I be right in thinking I needed to advise the Information Commissioner as data Capquest has is clearly wrong. Do I just complain directly to Capquest?

Is this a normal scaremongering technique they use. Today I also received a letter threatening court action as I had not honoured this months dd payment (cancelled due to disputing the account and a cca has been sent to them), and they had added £150 extra in "solicitors" fees. They have their own in house litigation team. Would I be within my rights to report them due to these techniques. Who is responsible for governance of the credit licence.

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A power of attorney is usually commenced at the request of the individual who is likely to become incapacitated and unable to deal with their financial affairs. Eg. A person with a deteriorating condition such as dementia type illness.

The POA then controls all affairs and this requires a signature and application. Even if RBOS were holding POA I would have known something about it.

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I know what a power of attorney is just not in the context of your case. POA can also be done prior to incapacitation, POA with court of Protection is when they are unable to run their financial affairs.

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Agreed but what I was suggesting was the the DCA were acting as attorneys for RBOS although I will have a quick look further into this one.

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  • 1 month later...

I requested a copy of the CCA. They have been unable to provide this and within my letter I asked for clarification regarding the power of attorney they have ignored this point.

They advise me that they are referring the account back to the RBS.

How do I proceed now? Should I demand the payments back which I have already made to them.

Who do I report them to for processing my data without the agreement and holding false information about me relating to the power of attorney.

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Guest willowb

Have you been reading the threads in the 'general debt' section of the forum? If not then you should as there are lots of CCA request claims in there (2 are mine). You need to start a thread up in there but give more details, i.e., when you sent the CCA etc.

 

Wxxx

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